STATE OF PUNJAB Vs. BALBIR SINGH

JUDGEMENT

(1.) STATE of Punjab has filed the present appeal against the impugned judgment of learned Additional Chief Judicial Magistrate, Jalandhar dated 13.5.1991 vide which respondent Balbir Singh has been acquitted of charge under Sections 279/304-A IPC.

(2.) IN short the case of the prosecution is that on 27.5.1987, ASI Manmohan Singh accompanied by other police officials was present at Lamapind in connection with general patrolling when Satwant Singh PW5 (complainant) met him and lodged report to the effect that he alongwith his servant Joginder Yadav (since deceased) had been coming to village Lamapind in connection with his domestic work and after getting free, they were taking rest underneath the trolley of the tractor. It is then alleged that a bus No. PJQ-2280 being driven by the respondent came from the side of PAP Lines, Jalandhar. It hit the tractor trolley as a result of which Joginder Yadav came down under the tyre of trolley and died at the spot.

(3.) A charge under section 279/304-A IPC was framed against the respondent by the trial court.