MAJOR JAI RAJAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 10.10.2012 passed by learned Additional Sessions Judge, SAS Nagar Mohali vide which appeal filed by petitioner-accused against judgment and order dated 15.03.2011 passed by Judicial Magistrate 1st Class, Dera Bassi in FIR No.130 dated 22.04.2001 under Sections 279, 337, 338, 304-A, 427 of Indian Penal Code (for short 'IPC') Police Station Lalru vide which petitioner-accused was convicted and sentenced to undergo rigorous imprisonment for three months for the offence under Section 279 IPC and to pay a fine of Rs. 500 and in default of payment of fine to further undergo imprisonment for one month; to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000 and in default of payment of fine to further undergo imprisonment for two months, was dismissed.

(2.) Briefly stated, the prosecution story is that on 22.04.2001, Raj Karan Singh complainant accompanied by his cousin Bikram Singh and other persons namely Lakhbir Singh, Bhim Singh and Harpreet Singh were returning after attending 'Bhog Ceremony' at Yamuna Nagar. Bhim Singh was driving the motorcycle and Harpreet and Lakhbir were pillion riders, whereas Raj Karan and Bikram Singh were riding on a scooter. Motorcycle being driven by Bhim Singh was ahead of scooter of Raj Karan. At about 2.30 PM, they reached in the vicinity of village Alamgir near Rana Polycon factory at some distance from village Lalru on their way to Chandigarh, when a car bearing registration No.HR01J- 2126 being driven by petitioner-convict arrived from front side which was being driven at a high speed. The driver of the car was in the process of crossing another car going ahead of him and in that process, he lost control and the car swerved towards wrong side and hit against the motorcycle being driven by Bhim Singh due to which all the three occupants of the motorcycle sustained injuries. Later on Bhim Singh and Harpreet Singh succumbed to the injuries in the hospital.

(3.) After completion of investigation, report under Section 173 of the Code of Criminal Procedure (for short 'Cr.P.C.) was filed against the petitioner-convict. He faced trial and was convicted and sentenced by learned trial Court as afore-mentioned. His appeal against the said judgment of conviction and order of sentence was dismissed by learned Additional Sessions Judge, SAS Nagar Mohali.