TEJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this revision petition is to the order dated 26.09.2012 passed by Ms. Manjot Kaur, Additional Sessions Judge, S.A.S Nagar, Mohali vide which the appeal preferred by the accused/petitioner against the judgment dated 23.01.2012 passed by Shri Ranjeev Kumar, Sub Divisional Judicial Magistrate, Derabassi, was dismissed.

(2.) The case of prosecution in brief is that on 27.03.2007, HC Upkar Singh along with C.Jagar Singh were on pilot duty with Shri M. S. Bitta. They came back from duty at about 6:00 P.M. After taking meals, he along with C.Jagar Singh went to Zirakpur on his motorcycle No. PB-70-9582. While he was driving the motorcycle, C.Jagar Singh was pillion riding. At about 8:30 P.M, when they reached at the office of Pal Property Dealer, a little behind P.S. Zirakpur, a truck bearing registration No. HR-37-B- 2554 came from behind, being driven in a rash and negligent manner and struck against the motorcycle from behind. Due to the impact, he fell towards the left side of the motorcycle, whereas C.Jagar Singh fell on road towards the right side. The rear left tyre of the truck ran over the head of C.Jagar Singh. The truck moved a few feet ahead and stopped. The truck driver disclosed his identity as Tejinder Singh son of Santokh Singh. The complainant arranged for private vehicle and took injured C.Jagar Singh to Civil Hospital, Derabassi, where he was declared brought dead. While he was going to the police station, he met the police officials and made statement on the basis of which formal FIR was recorded. The case was investigated and after completion of investigation, challan was presented against the petitioner.

(3.) Copies of the documents as envisaged under Section 207 Cr.P.C were supplied to the petitioner free of costs.