JAWAHAR LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jawahar Lal petitioner was convicted under section 304-A of the Indian Penal Code by Sub-Divisional Judicial Magistrate, Kharar, and sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 2000/-. Rigorous imprisonment for 6 months, in default of payment of fine, was also awarded. Feeling aggrieved against his conviction and sentence the petitioner preferred an appeal which was heard by the learned Additional Sessions Judge, Rupnagar. He dismissed the appeal but reduced the sentence of rigorous imprisonment to one year and the fine to Rs. 1000/-. The petitioner has now filed this revision petition.

(2.) The prosecution story as gathered from the evidence is that on 21st April, J 98 I, Kapil, aged about 13 years was going on a cycle in Mohali. He was followed by his father P.W. 1 Jaswant Rai and C.W 1 Suresh Kumar at a distance of about 200 yards. Motor cycJe bearing Registration No. 4880, which was being driven at a very high speed, struck against the cycle of Kapil. Kapil fell down and received injuries. The motor cyclist also fell down and received injuries. Jaswant Rai first rushed to the spot and then proceeded to a factory situated nearby to fetch a car. By the time he returned, Kapil had been removed by somebody to Post Graduate Institute of Medical Education and Research. Chandigarh, (for short the Institute). Jaswant Rai went to the Institute but there he learned that Kapil had died. While Jaswant Rai was returning to Mohali, P.W. 2 A.S.I. Durga Dass met him at the barrier. The former made statement before the latter and the same is Exhibit P A. The said police officer sent that statement to Police Station, Mohali, for registration of a case and on its basis formal First Information Report Exhibit PA/2 was recorded by A.S.I. Tilak Raj. After necessary investigation the petitioner was charge-sheeted.

(3.) When examined under section 313 of the Code of Criminal Procedure, the petitioner denied the prosecution allegations. He however admitted that the motor-cycle involved in the accident belonged to him. He further pleaded that one friend of his had taken it for a ride on that day.