RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Rakesh Kumar son of Madan Lal has filed the instant revision petition against the impugned judgment of learned Sessions Judge, Sangrur dated 21/8/1991 whereby the conviction recorded by learned Chief Judicial Magistrate, Sangrur vide judgment dated 16/10/1990 under Sections 304-A/338/427 IPC has been upheld. The petitioner stands convicted and sentenced as under: U/s 304-A IPC To undergo RI for two years and to pay a fine of Rs. 2,000.00, in default of payment of fine to further undergo RI for three months. U/s 338 IPC To undergo RI for six months and to pay a fine of Rs.500.00, in default of payment of fine to further undergo RI for two months. U/s 427 IPC To undergo RI for six months and to paya fine of Rs.500.00, in default of payment of fine to further undergo RI for two months.

(2.) As per the prosecution case, on 19/7/1987 at about 7.30 A.M. Babu Singh complainant alongwith his brother Kamala Singh were going on his cycle to Sangrur from their village. Amarjit Singh injured in this case and Charanjit Singh alias Vicky (since deceased) were going ahead of them on their respective cycles. When they had covered some distance, a Maruti Car bearing registration No. DBA-8731 came from the opposite side. As per the allegations it was being driven rashly and negligently by the present petitioner. It first of all struck against the cycle of Amarjit Singh and then Charanjit Singh. Amarjit Singh received injuries on account of impact of the accident and Charanjit Singh who was entangled in the car and was dragged to some distance had also received serious injuries and he ultimately succumbed to the injuries in the hospital where he was immediately removed after the accident. Two passengers who were siting in the rear seat of the car also sustained injuries and died at the spot.

(3.) After the entire investigation, the present petitioner was challaned in this case.