KAMLESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Kamlesh Kumar, has filed the present criminal revision petition, challenging the judgment of conviction and order of sentencedtd. 7/12/2018 passed by learned Additional Chief Judicial Magistrate, Gurdaspur; whereby, he was convicted and sentenced for offence under Ss. 279,304-A and 427 of the Indian Penal Code (for short'the IPC'). The petitioner has also challenged the judgment dtd. 4/7/2022 passed by learned Sessions Judge, Gurdaspur; to the extent whereby, his conviction and sentence under Ss. 304-A and 279 IPC was affirmed. It is relevant to note that the conviction of the petitioner under Sec. 427 IPC was set aside by lower Appellate Court.

(2.) Briefly, the case FIR No.115 dtd. 3/10/2015 under Ss. 304-A, 279 and 427 IPC was registered at Police Station Dhariwal, on the complaint of one Sudesh Kumar son of Harbans Lal, wherein it was stated that his father (HarbansLal) had retired from BSF and was running a General Store in village Sohal. On 2/10/2015, the complainant along with his family had gone to village Sohal to meet his parents; however, his father (HarbansLal) had gone to Dhariwal for some personal work and while, he was returning back on a Scooter bearing No.PB58-E-347 (make Bajaj Chetak), which was being followed by the complainant on his motorcycle, then at about 2:30 p.m., when his father reached near Adda of village Sohal and was trying to turn towards village Sohal, then a car bearing registration No.CH-04-C-9051 (make 'Chevrolet'), which was being driven by a hindu gentleman (whose name was later on disclosed as Kamlesh son of Ramesh Kumar resident of # 831, New Azad Nagar, SW Road, Amritsar) was coming from the side of Dhariwal towards Gurdaspur and he was driving the car at a very high speed in a rash and negligent manner without blowing horn and he dashed his car into the scooter of his father, as a result of which, his father fell on the road along with scooter; whereupon, he parked his motorcycle and picked up his father, who had suffered multiple injuries on his body. Thereafter, a conveyance was arranged and his father was taken to Civil Hospital, Gurdaspur; from where he was referred to Guru Nanak Dev Hospital, Amritsar and then to Patel Hospital, Jalandhar, where he died due to the injuries suffered in the said accident while undergoing treatment.

(3.) The learned trial Court, after appreciating the evidence on record, convicted and sentenced the petitioner, vide its judgment dtd. 7/12/2018 as under :- <FRM>JUDGEMENT_176_LAWS(P&H)5_2023_1.html</FRM>