SADIQ ALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the instant revision to challenge the concurrent findings of conviction under Sections 279/304-A of the Indian Penal Code (IPC) recorded by the Courts below. The petitioner was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for one month under Section 279 IPC. He was also sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 3000/-, in default of payment of fine to further undergo rigorous imprisonment for two months under Section 304-A IPC. The sentences of imprisonment were to run concurrently.

(2.) The facts of the case briefly stated are that there was marriage of the daughter of Bishember Dass at village Kotli on 6.5.2007. It was Sunday. Dharminder Kumar-complainant and other members of the family were present in the house. 5-6 Tata Sumo vehicles and one Scorpio No. PB-02-AG-2140, had come with the marriage party. The petitioner was the driver of Scorpio vehicle. During the day, the petitioner had taken his vehicle outside the village once or twice. It seems from the above allegations that the petitioner was ferrying members of marriage party in his vehicle.

(3.) At about 6.30 p.m., Raman Sharma cousin of Dharminder Kumar was also present at the gate of his house. Gautam Sharma 4 years old son of complainant-Dharminder Kumar and one Abhi Kumar were playing in the street. In the meanwhile, the accused came driving his Scorpio at a fast speed from the house of Bishember Dass. Due to rash and negligent driving of the vehicle the Scorpio hit both the children and Gautam Sharma, the child was run over by the speeding vehicle. Driver of offending Scorpio fled from there leaving his vehicle at the spot while the family was carrying Gautam Sharma-injured, towards the hospital that the victim died in the way.