SAHIB SINGH @ SHIBA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner faced trial for offence punishable under Section 279 and 304-A IPC and was convicted and sentenced by the trial court as follows: <FRM>JUDGEMENT_440_LAWS(P&H)8_2014_1.html</FRM>

(2.) Briefly stated, the case of the prosecution is that on 06.12.2006 Natha Singh (deceased) who was posted as Driver in Punjab State Electricity Board, Chogawan, had gone to Jalandhar driving the Government vehicle (canter) bearing No.PB-02-J-9843. In the evening he returned to his village Chogawan and at the bus stand of village Kohali, he met his son Khazan Singh (complainant) who was on scooter. Both proceeded towards village Chogawan on their respective vehicles. At about 8.30pm when they reached a little ahead from Canal, a tractor (New Holand) and trolley came from Chogawan side. It was being driven by Sahib Singh @ Shiba (petitioner) in a rash and negligent manner. The tractor hit the canter driven by the deceased who fell down and died at the spot. The petitioner fled away after leaving the tractor trolley at the spot. The matter was reported to the police and the formal FIR bearing No.238 was registered on 07.12.2006 at Police Station Lopoke, District Amritsar on the statement of complainant-Khazan Singh. The petitioner was arrested and after completion of investigation challan for offence punishable under Sections 279 and 304-A IPC was presented.

(3.) Finding a prima facie case, the petitioner was chargesheeted for offence punishable under Sections 279 and 304-A IPC to which he pleaded not guilty and claimed trial.