GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURMEJ Singh revision-petitioner was tried for offences under Sections 279 and 304A IPC by Judicial Magistrate Ist Class, Amritsar. He was held guilty and was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 400/- for the offence under Section 304A IPC and to further undergo R. 1. for a period of three months under Section 279 IPC vide judgment dated 15-1-1986. Aggrieved by this judgment Gurmej Singh filed an appeal which was dismissed by Additional Sessions Judge, Amritsar, on 14-10-1986. The present revision petition has been filed by Gurmej Singh assailing his conviction and sentence.

(2.) THE prosecution case as set up at trial was that on 2-11-1984. Avtar Singh and his brother Sarabjit Singh deceased were going to Amritsar on a bicycle which was being driven by Sarabjit Singh. Avtar Singh was sitting on the carrier of the bicycle. At about 8 00 A. M. when they reached near Samadh Baba Naudh Singh a mini bus bearing No. CHA-4258 which was being driven by the petitioner in rash and negligent manner struck against the bicycle of the deceased. As a result of this impact Sarabjit Singh fell down and became unconscious. He was taken to S.G.T.B. Hospital, Amritsar where he died due to injuries On information supplied by the doctor to the Incharge police guard in the hospital, Assistant Sub-Inspector Baldev Singh recorded the statement of Avtar Singh on the basis of which case was registered. After completion of investigation challan was presented.

(3.) THE contention of the petitioner in his statement under Section 313 Cr.P.C. was that he was falsely involved in the case. In fact the accident took place with a car which was going ahead of his bus. Dr. Vijay Kumar Setia was also in the bus. They brought the injured to the hospital. In defence the petitioner examined Baba Karan Singh DWI and Dr. Vijay Kumar Setia as DW2. Both these persons stated that the accident took place with a car and the petitioner was falsely involved.