AKBAR KHAN @ MUKHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner faced trial for offence punishable under Sections 279/304-A IPC and was convicted and sentenced by the trial court as follows :- <FRM>JUDGEMENT_906_LAWS(P&H)7_2014_1.html</FRM>

(2.) Appeal filed by the petitioner was dismissed by the Additional Sessions Judge (Fast Track Court), Patiala.

(3.) Briefly stated, the case of the prosecution is that on 18.7.2005, Bharti wife of Jatinder Kumar (deceased) was going from Fountain Chowk towards Kali Mata Mandir on her kinetic scooter bearing registration No.PB-11T-7017. She was hit by the truck bearing registration No.RJ-13G- 8981, being driven by the petitioner at a very high speed in a rash and negligent manner. As a result of the accident, Bharti and scooter fell in front of the truck and the front tyre of the truck ran over Bharti. The people raised raula as a result of which truck was stopped. The petitioner came down from the truck. The complainant Ravinder Kumar Gupta, who was also going from there on his scooter, with the help of traffic HC Sukhmail Singh, brought out the injured Bharti and got her admitted in Rajindra Hospital, Patiala. He also reported the matter to the police whereupon, formal FIR No. 235 dated 19.7.2005 was initially registered for offence punishable under Sections 279/337 IPC, but later on, offence punishable under Section 304-A IPC was added as Bharti, who was referred to the Post Graduate Institute of Medical Education and Research, Chandigearh, died on 4.9.2005 due to the injuries received by her in the accident.