RATTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed against the order dtd. 5/8/2008 passed by the learned Additional Sessions Judge, Moga, vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dtd. 10/4/2007 passed by the learned Sub Divisional Judicial Magistrate, Zira, has been dismissed.

(2.) The brief facts of the case are that on 29/3/1999 SI Balvir Singh along with other police officials were on patrolling duty on their Government vehicle which was driven by Virsa Singh and they were present at chowk Dharamkot. Then they learned that one truck had caused an accident with a scooter and the injured had been taken to Civil Hospital Kot Ise Khan. Then SI Balvir Singh along with other police officials reached Civil Hospital Kot Ise Khan where the Investigating Officer further came to know that the injured has been referred to Civil Hospital Moga. Then the Investigating Officer along with police officials reached there where the attending doctor gave the opinion that injured was fit to make statement. The statement of injured Gurtej Singh was recorded. In the said statement Gurtej Singh stated that he was a resident of Dharamkot and doing the work of farming. Gurdip Singh son of Gurmail Singh resident of Pakhi Kalan, Police Station Faridkot is their relative. On 28/3/1999, he had come to meet them. Today he (complainant) along with said Gurdip Singh were going on their scooter No.PB-29/1556 towards their field.

(3.) On the above said statement of the complainant, SI Balvir Singh made his endorsement and sent a ruqa and got lodged the FIR. The investigation began and the inquest report of the dead body of Gurdip Singh was prepared and the postmortem of the dead body was got conducted. The site plan of the place of occurrence was prepared. The statements of other witnesses were recorded. The vehicle involved in the accident i.e. truck and scooter were taken into police custody. Photographs of the place of occurrence were taken. Arrest of the accused was got effected on 14/4/1999. His driving licence along with other papers of the truck were taken into police custody. After completion of investigation and other formalities, the challan was filed in the Court against the petitioner.