STATE OF PUNJAB Vs. SUDAMA

JUDGEMENT

(1.) Sudama son of Mohan Lal stands acquitted by the impugned judgment of learned Judicial Magistrate Ist Class, Samrala dated 25.10.1991 for the offence punishable under Sections 279/304-A Indian Penal Code.

(2.) In short the prosecution case is that on 15.5.1989 at about 6-0AM, Hardial Singh (PW-4) was going from his dairy farm towards bridge of Neelon village to take tea. When he was taking tea in a shop, Gurcharan Singh (PW-5) met him and both of them started talking. A truck bearing registration No. PAN 9171 came from Garhi bridge side at a very high speed. A Sikh youth on a scooter (bearing No. PIM 2568) came from the side of Samrala. While he was going to cross the bridge, front portion of the said truck hit his scooter, as a result of which the scooterist, (whose name was lateron found to be Harduman Singh son of Mohinder Singh) fell down and died at the spot. After stopping his truck, the driver ran away from the spot. Gurcharan Singh PW made a report to ASI Harnarinder Singh (PW-3) at the bus stand of village Gulal, on the basis of which formal FIR (Ex.PW3/C) was registered at police station Samrala.

(3.) After completion of investigation, the respondent was challaned. He was charged under Sections 279/304-A Indian Penal Code.