JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has challenged his conviction and sentence for offences under Sections 304A, 338 and 279 of the Indian Penal Code (IPC), concurrently recorded by both the Courts below. The trial Court vide judgment of conviction and order of sentence dated 2.2.2011, awarded the following sentences to the petitioner:-

(2.) The facts, in brief are that on 08.01.2013 Harbans Singh (deceased) was driving car No. CH-01-M-0060 from Lalru Mandi towards village Lehli. Balwant Singh and Ravinder Singh injured were the other occupants of car. They were followed by car No. CH-03-H- 6668 of which Balbir Singh PW was the driver. Harjinder Singh complainant was also the occupant of this car. When they reached near the bus stand of village Lalru, that offending bus No. HR-45-6004 of Haryana Roadways, Karnal Depot came from the opposite side and was being driven at a fast speed and negligent manner. The bus driver while overtaking another vehicle on the road hit the car of Harbans Singh. The car turned towards the opposite direction with this collusion. The complainant and Balbir Singh immediately went near the ill-fated car and found Harbans Singh having died as a result of accidental injuries. Balwant Singh and Ravinder Singh, the other occupants of the said car also suffered injuries. The bus driver fled from there by leaving his vehicle at the spot. In the meanwhile, a pony-drawn cart was also hit by ill-fated car which fell in the ditches along the road side. Injured were extricated from the mangled remains of the car and taken to PGI Chandigarh for treatment.

(3.) The prosecution examined 9 witnesses in support of the charges against petitioner but it was not able to produce the Investigating Officer and the evidence of prosecution was closed by order.