SATISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant revision has been filed to challenge the concurrent findings of conviction against the petitioner, recorded by both the Courts below for offences under Sections 279/307-A IPC. The petitioner has been sentenced to undergo rigorous imprisonment for a period of six months with a fine of Rs. 1000/- and in default to further undergo 7 days simple imprisonment under Section 279 IPC. The petitioner was also sentenced to undergo rigorous imprisonment for a period of one year along with fine of Rs. 1000/- and in default to further undergo simple imprisonment for 7 days. Both the sentences were ordered to run concurrently.

(2.) FIR was registered on the statement of Talwinder Singh S/o Gurdeep Singh PW-2 (complainant). He stated that on 5.12.2004, Bhajan Singh S/o Joginder Singh had gone to attend the marriage of his cousin sister. Bhajan Singh (deceased) was the brother-in-law (brother of wife) of complainant. The complainant also went to attend that marriage. After attending the marriage, Bhajan Singh was coming on his scooter No. HR-01-C-5172 with his wife Gurwinder Kaur as pillion rider. Two children of Bhajan Singh were also riding on the scooter one child was one year old son and the other three years old daughter. Talwinder Singh was following them on his motor-cycle No. HR-01-M-1088. It was at about 4.00 p.m. that they reached near the cold storage near village Tepla. In the meanwhile bus No. HR-55-A-1746 of Haryana Roadways came from Ambala side. The bus was being driven at a fast speed and the driver did not blow any horn and hit the scooterists who fell on the road. Bhajan Singh became unconscious. The bus driver alighted from his vehicle and disclosed his name as Suresh Kumar, No. 640. Bhajan Singh, his wife and children were taken to Medical College and Hospital, Sector-32, Chandigarh in the same bus. Bhajan Singh, however, had succumbed to the injuries on reaching the hospital. Wife of Bhajan Singh and his children were admitted in the hospital. Thereafter, the bus driver Suresh Kumar is stated to have fled from the hospital along with his vehicle.

(3.) To prove the charges against the petitioner, prosecution examined 6 witnesses. Post-mortem report Ex. PX of the deceased was also tendered. The petitioner denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded false implication.