RAM PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition has been directed against the judgment and order dated 13.12.1991 passed by the learned Judicial Magistrate Ist Class, Ropar whereby the petitioner was held guilty under Sections 279/337/304-A IPC and sentenced to undergo RI for a period of two years and to pay a fine of Rs. 2,000/-, in default whereof to undergo further RI for six months under Section 304-A IPC, to undergo RI for a period of three months and to pay a fine of Rs. 300/-, in default whereof to undergo further RI for one month under Section 279 IPC, apart from RI for a period of two months under Section 337 IPC, as well as against the judgment dated 18.7.1992 passed by the learned Additional Sessions Judge, Ropar whereby petitioner's appeal was partly allowed to the extent that the sentence under Section 304-A IPC imposed upon him by the learned Judicial Magistrate Ist Class, Ropar was reduced from two years to one year RI. Both the Courts have directed that all the sentences shall run concurrently.

(2.) AS per the prosecution case, on 1.10.1989 Ajit Singh Subedar, Balwinder Singh and Anokh Singh (since deceased) were going from village Dhanauri to village Bhago Majro to attend the Bhog ceremony of Smt. Prem Kaur. While Ajit Singh Subedar was driving his own cycle, Anokh Singh was sitting on the carrier of the cycle driven by the Balwinder Singh. At about 12 noon, they reached near the turn leading to village Bhago Majra when a Maruti van No. PAK-9592 came from the side of Kurali at a fast speed. The said Maruti van was being driven by the petitioner and without blowing horn struck it against the cycle of Balwinder Singh, as a result of which Balwinder Singh as well as Anokh Singh fell down and received serious injuries. While Anokh Singh died on the spot, Balwinder Singh was taken to Civil Hospital, Ropar in a truck and was got admitted. Ajit Singh Subedar lodged a formal report with the police and on the basis of his statement (Ex. PB), formal FIR (Ex. PW7/A) was registered. ASI Sohan Singh reached at the place of occurrence and prepared the site plan (Ex. PW9/C). He also prepared the inquest report (Ex. PW9/D) on the dead body of Anokh Singh and also picked up the blood stained earth from the spot which was sealed in a parcel vide recovery memo (Ex. PW9/D). The place of occurrence was also got photographed from Krishan Lal Photographer.

(3.) THE petitioner in his statement under Section 313 Cr.P.C. denied that he caused the accident by hitting his Maruti van with the cycle of Balwinder Singh and took up the plea that the cyclist himself struck against the tractor trolley which was coming ahead to him and he was falsely implicated. The petitioner, however, did not produce any defence evidence.