JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INSTANT revision petition has been filed against the judgment of conviction/order of sentence dated 08.09.2009 passed by learned Judicial Magistrate Ist Class, Jagraon whereby petitioner has been convicted and sentenced to undergo imprisonment under Sections 279/304 -A IPC as well as against the judgment dated 17.02.2014 passed by learned Additional Sessions Judge, Ludhiana, whereby appeal preferred by petitioner has been dismissed.

(2.) THE detailed facts of the case are already recapitulated in the judgments of the Courts below and are not required to be reproduced in detail. However, the facts relevant for disposal of this revision are that on 14.06.2005 complainant - Parminderjit Singh along with Jatinderpal Singh alias Bittu, Baldev Singh and Bittu son of Kartar Singh was going on their jeep bearing registration No. PUB -9963 from the side of Sarabha to Chhoti Dolon for the purpose of distributing the cement bags. The jeep was being driven by Jatinder Pal Singh, brother of the complainant. At about 5.30 p.m., when they reached near village Sehzad, then a Tata Tempo 407 bearing registration No. PB -10AC -9644 came from the side of Ludhiana, being driven in a rash and negligent manner. The driver brought Tata Tempo 407 on the wrong side and struck the same against the jeep of the complainant. Complainant escaped and he came out of the jeep and brought out Jatinder Pal Singh injured out of the jeep with the help of the persons present there. The driver of the Tata Tempo was also taken out by the people present at the spot. On being asked, driver disclosed his name as Jasbir Singh son of Gurdev Singh. Due to grievous and multiple injuries, Jatinder Pal Singh died at the spot, Baldev Singh and Bittu also sustained many injuries and they were shifted to Civil Hospital, Sarabha for the purpose of treatment. After registration of FIR, case was investigated by the police and after completion of investigation, report under Section 173 Cr.P.C. was prepared and challan was put in the Court.

(3.) PROSECUTION in support of its case, examined as many as five witnesses and thereafter evidence of the prosecution was closed by order.