SAT PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition arises out of the following facts :-

(2.) On 7.12.1985, Balwinder Singh son of Baldev Singh was run over and killed by a Matador bearing registration No. CHB-554 being driven by the petitioner, Satpal. An FIR was lodged by Balbir Singh (PW-1) after the death of the Balwinder Singh in the PG I, Chandigarh. On the completion of the investigation, the petitioner was challaned for offences punishable under Sections 279/337/338/304-A and 427 of the Indian Penal Code and as he pleaded not guilty to the charge, was brought to trial.

(3.) The trial Court relying on the evidence of Balbir Singh (PW-1) and Piara Singh (PW-3), both the eye-witnesses to the incident, convicted the petitioner for offences punishable under Sections 279 and 304-A of the Indian Penal Code and sentenced him to under rigorous imprisonment for two years and to pay a fine of Rs.5000/- and the default thereof, to undergo further rigorous imprisonment for one year.