STATE OF PUNJAB Vs. SUKHDEV SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the State against the judgment and order of acquittal of the respondent passed by Shri G.S. Saran, Judicial Magistrate, Ist Class, Sunam in challan No. 177 dated 19.10.1987 decided on 12.2.1990 registered under Sections 304-A/279/338 I.P.C. Police Station Sunam.

(2.) THE facts of the case, briefly stated are that on 2.10.1987 ASI Ashok Kumar of City Sunam alongwith other police officials were present near truck union, Sunam, where PW Gurdarshan Singh suffered a statement to ASI Ashok Kumar that he is resident of Indra Basti, Sunam and is working in Doordarshan Bhatinda and has come to enjoy the Dussehra holiday. In the morning, he and his father Malkiat Singh, who was working in the office of Zila Parishad as Overser had gone to Sangrur alongwith Balbir Singh son of Mani Ram r/o Indra Basti, Sunam. They both had gone to Sangrur on Motor-cycle Rajdoot No. PAS- 585 but they had not come back till 5 P.M. and he, in their search, was going to Sangrur and he met them near village Chathe Nakta and then they came back to Sunam and when they approached Sunam-Patiala road, a truck No. PAS-7521 came at a fast speed and the truck driver without giving any horn struck that vehicle with the motor cycle of his father and Balbir Singh fell on the back side from the motor-cycle and the truck-driver ran away from the spot. His father Malkiat Singh expired at the spot and Balbir Singh received the injuries. Balbir Singh told him that the driver of the truck was Sukhdev Singh resident of village Mardkhera. Balbir Singh was admitted to hospital and in the meantime Narinder Singh son of Shri Sikender Singh resident of village Chathe Nakta who was working in the Home Guard came on the spot and he left Narinder Singh near the dead body and when he was going to his house, he met the police party, where his statement was recorded. On his statement Ex.PA ASI Ashok Kumar made an endorsement Ex.PW/7A on the basis of which FIR Ex.PW7/B under Section 279/304-A was registered. The investigation was conducted by ASI Ashok Kumar, who prepared the rough site plan of the place of occurrence. MLR of injured Balbir Singh was obtained from the hospital. The motor-cycle and truck were taken into police possession. Post-mortem on the dead body of Malkiat Singh was got conducted from Civil Hospital, Sangrur. The statements of the witnesses were recorded. After completion of the investigation, the challan was presented in the Court.

(3.) THE prosecution examined PW1 Balbir Singh, PW2 Gurdarshana Singh, PW3 Harbant Singh, PW4 Dr. L.C. Bansal, PW5 Majinder Singh, PW6 Dr. S.K. Verma and PW7-ASI Ashok Kumar.