JEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has challenged the concurrent findings of conviction and sentence passed by the Courts below for offences under Sections 279 and 304 -A of Indian Penal Code (IPC).

(2.) THE petitioner was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 1000/ -, in default to undergo rigorous imprisonment for 20 days under Section 304 -A IPC and also to undergo rigorous imprisonment for three months and to pay fine of Rs. 500/ -, in default to undergo rigorous imprisonment for 10 days under Section 279 IPC. All the sentences were directed to run concurrently.

(3.) FIR was registered on the statement of Teja Singh father of the deceased. The facts briefly are that on 18.09.2008, Teja Singh was returning to his village Saheri on bicycle. When the complainant reached near Hindu Dharamshala near Mill Road, Morinda, he saw his son Avtar Singh @ Malli coming towards Morinda Town on bicycle and Gurmukh Singh PW -4 was also riding on the bicycle. The complainant enquired from them as to where they were going. Avtar Singh @ Malli told that they were going to get the SIM card of the mobile phone recharged and then boys turned towards Nirankari Bhawan street. In the meanwhile, the complainant saw a tipper (dumper) loaded with another tipper came from Ropar side and broke overhead electric cables and live wires came in contact with Avtar Singh @ Malli who fell in the drain on the right side whereas Gurmukh Singh riding on the bicycle fell on the left side. Avtar Singh @ Malli was taken out of the drain and the tipper driver stopped his vehicle and came near the victims. On enquiry the driver disclosed his name as Jeet Singh petitioner, who was driving tipper No. NL - 02G -4034. Many people gathered there and taking advantage of the crowd, the driver slipped from the spot. Gurwinder Singh the other son of complainant was telephonically called and the victim was taken to the Civil Hospital, Rupnagar where the victim was declared dead. It was stated that the incident took place due to the negligence of petitioner, who had loaded another tipper on his dumper and broke overhead electric wires. The police party reached the hospital and recorded the statement Ex. PW -3/A of Teja Singh, on the basis of which FIR Ex. PW -7/A was registered. The autopsy on the dead body of Avtar Singh was conducted at 11.50 a.m. on 19.09.2008 and following injuries were found: -