PARGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal directed by Pargat Singh s/o. Jhilmal Singh against the judgment and order dated 17.9.2002 passed by Sh. G.S. Saran, Additional Sessions Judge, Amritsar, vide which the accused appellant has been convicted under Section 304, Part I IPC and sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of three months. The law was set in motion by recording the statement made by Mohan Singh -complainant who has stated that one Ran Singh r/o. village Khatera, District Dadelpura, Nepal alongwith the complainant were working as labourers in Milk Care Feed Industries, Fatehgarh Chuhrian Road, Amritsar. Harjit Singh, Pardhuman Singh and Suman Kumar were the owners of the said factory. On 10.4.2000 at about 11.00 a.m. two trucks bearing registration No. HR -58 -0384 being driven by Pargat Singh and second truck bearing registration No. HR -45 -4697 being driven by Harjinder Singh loaded with 640 bags reached the factory. Mohan Singh and Ran Singh agreed to unload the trucks for a sum of Rs. 150/ - on account of labour charges. At about 4.00 P.M. when the trucks were unloaded, Pargat Singh driver of truck No. HR 58 0384 wanted to go away from there and when Ran Singh demanded his labour charges, Pargat Singh gave Rs. 100/ - to Ran Singh and started to take out the truck from the factory. He was stopped by Ran Singh and demanded Rs. 50/ -. On that account, there was altercation between Pargat Singh and Ran Singh. Accused Pargat Singh infuriated and gave race of the truck and asked Ran Singh to go away otherwise, he will crush him. Ran Singh tried to stop the truck by closing the gate but Pargat Singh struck his truck against Ran Singh and he came in between the truck and the pillar of the gate and fell down and died at the spot. When the complainant raised the noise, Pargat Singh alighted from the truck and dead body of Ran Singh was taken aside from the gate and he ran away with the truck. Similarly, Harjinder Singh also ran away with his truck No. HR 45 4697. Owner of the factory was informed on telephone and police was also informed. On the basis of the statement of the complainant, formal FIR was registered.

(2.) AFTER investigation, challan was presented against the accused. Copies of the documents as relied upon by the prosecution were supplied to the accused free of costs as required under Section 207 Cr.P.C.

(3.) THE prosecution, in order to bring home guilt of the accused, examined PW -1 HC Jawant Singh, PW -2 Rishi Ram, Draftsman, PW -3 Parduman Singh, PW -4 Dr. Ashok Chanana, PW -5 Mohan Singh -complainant, PW -6 Jagjit Singh, PW -7 H.C. Gurmej Singh, PW -8 ASI Mangal Singh, Investigating Officer and closed the prosecution evidence.