GURDAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner had faced the trial qua commission of offence punishable under Section 304-A, 279 of the Indian Penal Code ('IPC'' for short) in FIR No. 10 dated 25.2.2009, registered at Police Station Purana Shalla. The Trial Court vide judgment/order dated 1.11.2012 ordered the conviction and sentence of the petitioner under Section 304-A, 279 IPC. Appeal filed by the petitioner against the judgment/order of his conviction and sentence was dismissed by the Appellate Court vide judgment dated 4.10.2013. Hence, the present petition by the petitioner.

(2.) I have heard the learned counsel for the petitioner and have gone through the record available on the file carefully. Prosecution story, in brief, is that on 25.2.2009, complainant Chander Hans along with his brother Sudarshan Kumar were going to their village on separate bicycles.

(3.) Sudarshan Kumar, brother of the complainant, was going a little ahead of him. When Sudarshan Kumar reached near Senior Secondary School, at about 6.00 P.M., a car bearing No. PB-07- 1055 came from Gurdaspur side at a fast speed in a rash and negligent manner and struck against the bicycle of Sudarshan Kumar. As a result of this, Sudarshan Kumar fell on the road and suffered multiple injuries. The driver of the car stopped the vehicle at some distance and, thereafter, fled away from the spot after leaving the car at the spot. He came to know that the name of the driver was Gurdavinder Singh.