AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the judgment and order dated 15.7.1998 of his conviction and sentence passed by Shri G.S. Dhiman, Additional Sessions Judge, Jalandhar, in appeal in the case of Ajit Singh v. State of Punjab.

(2.) THE facts of the case, briefly stated, are that on 16.12.1995 Dalip Kumar had gone to take meals at New Vijay Dhaba situated on Bye-pass, Jalandhar. Harpal Singh, PW, was also taking meals there. At about 3.20 P.M. Harpal Singh and Dalip Kumar came out of Dhaba. In the meantime, a four wheeler No. PCN-9143 Swaraj Mazda came from the side of Focal Point towards Amritsar road, Bye-Pass at a high speed and hit againt Pushpa, Mamta, Manju, Happy and Neelu who were standing on the Kacha portion of the road towards New Vijay Dhaba. The driver brought the four wheeler on the wrong side and hit the above said persons who were injured. He and Harpal Singh took them to Civil Hospital, Jalandhar, where Mamta was declared dead. Accused Ajit Singh was found driving the four wheeler. He ran from the spot after parking the four wheeler. The doctor informed the police about the arrival of the injured. ASI Bant Singh reached the Civil Hospital. However, the doctor opined that Smt. Neelu was unfit to give statement. Dalip Kumar, PW, met him and he recorded his statement Ex. PW4/A and sent the same to the Police Station alongwith his endorsement Ex. PW4/A/1 where on its basis formal FIR Ex. 4/C was recorded and the dead body of Mamta was sent for post mortem examination. He then went to the spot and prepared rough site plan Ex. 4/D after the inspection of the spot. He recorded the statements of the witnesses and took the four wheeler into possession vide memo Ex. 4/E and arrested the petitioner and took the registeration papers of the four wheeler which was taken into possession vide memo Ex. 4/G. He also got the four wheeler mechanically tested. After the completion of the investigation, the accused was challaned.

(3.) THE prosecution examined PW1-Dr.G.S. Toor, EMO, Civil Hospital, Jalandhar, PW2-Harpal Singh, PW3-Constable Desu Ram, PW4-ASI Bent Singh, PW5-Smt. Puspa, PW6-Manju and PW7 Dr. Gurpal Singh and after tendering into evidence certain documents closed its evidence.