BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Baldev Singh son of Joginder Singh has preferred the present revision petition against the judgment dated 15.09.2006 passed by learned Additional Sessions Judge, Fatehgarh Sahib vide which the appeal preferred by the accused/convict-Baldev Singh against the judgment and order dated 11.5.2004 passed by Shri S.S.Panesar, PCS, Sub Divisional Judicial Magistrate, Amloh was dismissed.

(2.) The prosecution story in brief is that on 14.11.97 complainant alongwith his brother Jarnail Singh and Avtar Singh were going from Sirhind to Khanna on a motor-cycle, driven by him and Avtar Singh was sitting on the pillion seat. Jarnail Singh was driving scooter ahead of them and Balkar Singh was sitting on his pillion seat. At about 1.35 pm, Jarnail Singh reached near factory Amrit Lal Rajeshwar Parshad in the area of Mandi Gobindgarh. A truck bearing registration No. PJP 2565 driven by accused Baldev Singh came from behind and struck against the scooter. As a result of this Jarnail Singh and Balkar Singh suffered injuries. Balkar Singh died at the spot. Jarnail Singh was removed to Civil Hosptial, Mandi Gobindgarh. He succumbed to his injuries. On the basis of the statement of the complainant formal FIR was registered. After completion of investigation and necessary formalities accused was challaned.

(3.) On appearance of the accused, copies of documents as relied upon by the prosecution were supplied to the accused free of costs. On finding a prima facie case, charge under Sections 279, 338 and 304-A of the IPC and 181 of the Motor Vehicle Act were framed against the accused. The accused pleaded not guilty and claimed trial.