JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this revision is the judgment dated 07.12.2013passed by Dr.B.K.Shartma, Additional Sessions Judge, (FTC), Jalandhar vide which the appeal preferred by the accused against the judgment and order dated 05.09.2011 passed by Shri Avtar Singh Barda, Judicial Magistrate Ist Class, Jaladnahr convicting and sentencing the accused under Sections 279, 337 and 304-A of the Indian Penal Code ( in short the IPC ), was dismissed.

(2.) The brief facts of the present case are that Paramjit Singh complainant has reported that he is a truck driver by profession and on 17.3.2007 he alongwith Sukhminder Singh, who is driver of his vehicle bearing registration No. PB-10-P-9473 and Madan Lal went to Jammu for the delivery of Potatoes. After delivering the Potatoes at Jammu they were coming back to Moga on 19.3.2007 at 4.15a.m., and when they reached near Ravi Dass Chowk, Jalandhar, their truck got punctured. He parked his truck at one side and woke up his driver Sukhminder Singh and asked him to change the rear tyre of the truck. He was changing the tyre of the truck. Madan Lal also came out from the cabin and he was also helping Sukhminder Singh in changing the tyre. In the meantime one Tralla bearing registration No.PB-29-C-9594 came in a rash and negligent manner. It was looking that the driver of the tralla has lost his control over the tralla and he struck his tralla against the stationary truck. He himself managed to escape but due to that impact Madan Lal died at the spot. Sukhminder Singh also suffered serious injuries. The driver of the tralla ran away from the spot after parking his talla at some distance. After arranging the vehicle he got admitted Sukhminder Singh in Ghai Hospital. He himself received injuries in this accident. He later on came to know the name of driver of tralla as Jaswant Singh. His statement was recorded by the police and on the basis thereof FIR was got recorded. The dead body was sent for post mortem examination. Statements of the witnesses were recorded. After completion of the investigation, challan was presented in the Court.

(3.) On appearance of the accused, copies of documents as relied upon by the prosecution were supplied to him. A charge under Sections 279, 337 and 304-A IPC was framed against the accused. The accused pleaded not guilty to the charges and claimed trial.