JASWANT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Challenge in this Criminal Revision Petition is to the judgment dated 08.07.2011 passed by learned Additional Sessions Judge, Patiala, whereby the appeal filed by the petitioner challenging his conviction and sentence for the offences punishable under Sections 279 and 304-A of the Indian Penal Code recorded by learned Sub Divisional Judicial Magistrate, Rajpura, was dismissed.

(2.) Brief facts of the case are that on 14.02.2001, Gulazar Singh (complainant) along with his elder brother Ajit Singh (deceased) and Avtar Singh had gone to Railway yard side, Rajura, for their personal work. At about 8.30 P.M., when they were talking while standing on the side of the road outside the railway station, truck bearing No. PJP- 6115 being, driven in a rash and negligent manner by the petitioner came from the railway-yard side and took a turn towards its right and while doing so, the rear portion of the truck hit against Ajit Singh who sustained severe injuries and as a result thereof died at the spot. The matter was reported to the police by Gulzar Singh. After completing the formalities of the investigation, the charge-sheet (report under Section 173 of the Code of Criminal Procedure) was presented before the learned Area Judicial Magistrate.

(3.) Charges for the offences punishable under Sections 279 and 304-A of the Indian Penal Code were framed against the petitioner to which he pleaded not guilty and claimed trial.