DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision has been preferred by the petitioner to challenge the concurrent findings of the Courts below convicting the petitioner for offences under Sections 279/338/304 -A of the Indian Penal Code (IPC). The maximum sentence awarded to the petitioner is to undergo imprisonment for 2 years and to pay a fine of Rs. 5000/ -, in default of payment of fine to further undergo imprisonment for 6 months under Section 304 -A IPC. The Appellate Court dismissed the appeal against the judgment of conviction and order of sentence except reducing the sentence under Section 304 -A IPC from 2 years to 1 year and 10 months of imprisonment taking into account the fact that the incident took place in the year 2003.

(2.) THE facts of the case briefly stated are that Gurmail Singhcomplainant and Gian Singh were present at the bus stop of village Majha on 8.8.2003 in the morning at about 8.00 a.m. Harwinder Singh S/o Gurjant Singh and Jagtar Singh S/o Mela Singh, PWs who were the students of a school at Bhawanigarh were also present there. In the meanwhile, Rajwinder Singh and Amritpal Singh came there on scooter No. PB -13 -5916. Rajwinder Singh was driving the scooter and Amritpal Singh also a student at Bhawanigarh was the pillion rider. The scooterists were about to alight from the scooter that a tempo No. PIB -1999 came from the side of Bhawanigarh at a fast speed and being driven in a rash and negligent manner hit the scooterists who were dragged to some distance by the tempo. Even Harwinder Singh and Jagtar Singh had also fallen with the impact of the accident. The offending vehicle stopped at a distance of about 50 karams and the driver fled from there. Both Rajwinder Singh and Amritpal Singh died at the spot because of the injuries suffered by them in the accident.

(3.) THE Sarpanch of nearby village came and Gurmail Singh started towards the police station to report the matter along with the Sarpanch that at the road crossing police party met the complainant and recorded his statement Ex. PF on the basis of which FIR was registered. The post mortem examination on the dead bodies of both the deceased was conducted and the cause of death was due to multiple injuries suffered by both the deceased. The injuries were found ante mortem in nature and sufficient to cause death in ordinary course.