PARAMJIT SINGH @ PAMMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present criminal revision petition has been filed challenging the judgment dated 10.10.2011, rendered by the learned Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur, whereby the appeal filed by the petitioner against his conviction and sentence, for the offences punishable under Sections 279 and 304-A, IPC, in a case arising out of FIR No. 143, dated 19.5.2001, registered at Police Station, Sadar, Hoshiarpur, vide order dated 8.3.2010, passed by the learned Additional Chief Judicial Magistrate, Hoshiarpur, was dismissed.

(2.) Concisely stated, the facts of the case are that on 19.5.2001, the complainant, Surinder Kumar, stated to ASI Paramjit Singh that his (complainant) nephew Des Raj @ Babbu used to work with him in his barber shop in village Bassi Daulat Khan. His sister, Surinder Kaur, had come to his village to meet them. On the fateful day, they were coming back from village Mithewal on scooters after meeting their relatives. Des Raj @ Babbu was driving scooter, bearing registration No. PAV-9861, and Surinder Kaur was pillion rider. The other scooter was being driven by the complainant, Surinder Kumar, and his cousin (uncle's son), Surjit Kumar, was pillion rider. When they were 25/30 feet behind Bajwa Petrol Pump, a truck, bearing registration No. PAT-5284 and driven by a Sikh driver, came on the wrong side with a high speed, being driven in a rash or negligent manner, without blowing horn, and hit the scooter which was driven by Des Raj @ Babbu. As a result thereof, Des Raj @ Babbu and Surinder Kaur fell down on the road and their bodies were run over by the truck. The truck driver stopped his truck at some distance and thereafter leaving the truck at the spot, run away from there. Both the injured while being shifted to the hospital succumbed to the injuries on the way.

(3.) On the basis of the said statement, FIR No. 143, dated 19.5.2001, for the offences punishable under Sections 279, 304-A and 427, IPC, was registered at Police Station, Sadar, Hoshiarpur. On 28.5.2001, the petitioner, Paramjit Singh @ Pamma, was arrested. After completion of necessary formalities of the investigation, a report under Section 173, Cr.P.C., was presented before the learned Area Judicial Magistrate. Charges for the offences punishable under Sections 279 and 304-A, IPC, were framed, to which the petitioner pleaded not guilty and claimed trial.