GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this revision is the judgment dated 28.1.2005 passed by Sh. G.K. Dhir, Additional Sessions Judge, Patiala, vide which the appeal preferred by the accused -petitioner against the judgment and order dated 15.11.2003 passed by Mrs Jitender Walia, Judicial Magistrate Ist Class, Rajpura, was dismissed. However, the sentence of the accused petitioner was reduced to 9 months, instead of 1 year under Section 304 -A IPC.

(2.) THE case of the prosecution in brief as gathered from the record is that on 24.7.1999, ASI Jai Kishan alongwith police party was going for the purpose of patrolling when Kartar Singh s/o Ralla Ram r/o Haripur Kurra got his statement recorded to the effect that he was selling fruit on rehri in Adarsh Nagar, Dera Bassi. His scooter No. PB -11F -1166 was punctured since morning, which was standing nearby his rehri. His son Malkit Singh came to him and he asked him to take the scooter and get it repaired. The complainant sent his son Malkit Singh to the shop of Karamjit Singh Tyrewala. After some time his con came and told that scooter will be repaired after one hour. After one hour, his son Malkit Singh was going on his side on the road at kacha footpath ahead of him. At about 1.15 p.m. when they reached near the shop of Karamjit Singh Tyrewala, then one bus No. PB -12 -A -8210 of Punjab Roadways Depot, Rupnagar, came from the backside, which was being driven by its driver in a rash and negligent manner, struck the same into his son. His son fell down. Bus had gone uncontrolled and due to this it struck with a Eucalyptus tree. His son Malkit Singh received injuries on his mouth and chest. He lifted up his son in injured condition and found him dead. On asking the driver told his name as Gurmel Singh s/o Gurcharan Singh. He fled away from the spot. The accident had taken place due to rash and negligent driving of the bus driver.

(3.) AFTER completion of the investigation, challan was presented against the accused. On appearance of the accused copies of the documents were supplied to the accused free of costs as provided under Section 207 Cr.P.C.