BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INSTANT revision has been filed by the petitioner against concurrent findings of conviction recorded by both the Courts below for offences under Sections 304 -A and 279 of Indian Penal Code (IPC). Trial Court sentenced the petitioner to undergo rigorous imprisonment for two years and to pay fine of Rs. 2000/ -, in default of payment of fine to further undergo simple imprisonment for one month under Section 304 -A IPC. He was also sentenced to undergo rigorous imprisonment for six months and to pay fine of 1000/ -, in default of payment of fine to further undergo simple imprisonment for 15 days under Section 279 IPC . The Appellate Court also affirmed the aforesaid sentences while dismissing the appeal.

(2.) THE prosecution story, briefly stated, is that on 26.04.2010, Amarjit Singh (PW -1) was returning home at about 12.30 p.m. after taking examination of B.A. Part III at Public College, Samana. He saw his father Malkiat Singh (deceased) coming from the side of village Rajla road on his TVS motorcycle. Malkiat Singh deceased reached the main road towards Bhakra Bridge, that truck trailer No. PB -11 -AG -8521 was seen coming at a fast speed from Patiala side and hit the motorcycle of the deceased. Malkiat Singh suffered multiple injuries on his person and died at the spot. An ambulance was called and deceased was taken to the Civil Hospital. While the complainant was going to report the matter, police party headed by ASI Darshan Singh met him near the bus -stand and recorded Ex. PW -1/1 the statement of complainant, on the basis of which FIR was registered.

(3.) PROSECUTION examined five witnesses in support of its case. The petitioner's version was of total denial. He examined DW -1 PHG Baljit Singh and Head Constable Baljinder Kumar as DW -2 in his defence.