PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge is to judgment dated 05.10.2006 passed by Additional Sessions Judge, Ludhiana whereby the judgment of conviction and order of sentence dated 27.07.2004 passed by the Judicial Magistrate Ist Class, Khanna has been upheld. Petitioner was convicted substantially for a period of one year under Section 279/304-A of the IPC.

(2.) Brief facts of the case are as that on 05.04.1994 Sukhdev Singh along his father-in-law Avtar Singh (since deceased) was present near Markfed Office, Khanna for going to Gobindgarh. In the meantime, a tractor driven by Balwinder Singh P.W.6 happened to pass by them in which Avtar Singh (since deceased) took a lift. Sukhdev Singh followed them on his bicycle. When the tractor trolley was about to reach Mankoo Mill, a truck bearing registration No. bearing No. HR 26A 4045 came from behind at a rash speed and struck against the tractor trolley due to which it fell in the ditches on left side of raod, Avtar Singh received injuries. The name of the truck driver came to be known as Pawan Kumar who confessed his guilt. Avtar Singh was shifted to Civil hospital, Khanna. Pawan Kumar was making the efforts for a compromise. Avtar Singh died in the hospital on 08.04.1994., Thereafter, the complainant lodged the report regarding the accident. After completion of the investigation, challan against the accused was presented in the Court. Charges were framed against the accused for having committed an offence punishable under Section 279 and 304-A IPC to which he pleaded not guilty and claimed trial.

(3.) Prosecution examined P.W.1 to P.W.7 in order to prove the case. When the case of the accused was pending before the trial Court, he absented from the Court after being released and was declared proclaimed offender. He was subsequently re-arrested on 20.06.2004, a supplementary challan was submitted against him. Statement of the accused under Section 313 Cr.P.C was recorded thereafter and he pleaded his false implication.