KRISHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision against the judgment dated 18.4.1991 of the Additional Sessions Judge, Ferozepur, dismissing the appeal against the judgment dated 3.5.1990 of the trial Magistrate, whereby he convicted petitioner Krishan Kumar under Section 304 -A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/ -. In default of payment of fine, he shall further undergo rigorous imprisonment for a period of one month.

(2.) THE prosecution case, in brief, is that on 10.9.1985 at about 6.45 P.M. Jatinder Kumar and his friend Raju were going on a bicycle near Delhi Gate. Raju was sitting on the carrier of the bicycle, whereas Jatinder Kumar was driving the bicycle. A tractor bearing registration No. PBF -6093, driven by the petitioner, hit the bicycle. Jatinder Kumar sustained injuries. Raju was run over by the tractor and he died on the spot. Raju was taken to the Civil Hospital, Ferozepur, by Constable Joginder Singh. The statement of Jatinder Kumar was recorded at the Civil Hospital, Ferozepur. Assistant Sub Inspector Balbir Singh sent ruqa, Ex.PW -5/A, on the basis of which, formal FIR, Ex.PW -5/B was recorded. After completion of investigation, the petitioner was sent up for trial under Section 304 -A of the Indian Penal Code.

(3.) LEARNED counsel for the petitioner has stated that no identification parade of the petitioner was done. Jatinder Kumar (PW6) in his cross -examination, has stated that after he had fallen down, he became unconscious. Meaning thereby that, he did not see the occurrence. He has further stated in his testimony that he regained consciousness after 15 minutes and people standing around, told him the name of the accused. Learned counsel further stated that there are discrepancies in the statements of Jatinder Kumar (PW6) and the official witnesses. Jatinder Kumar (PW6) has stated that a tractor dashed against the bicycle from its back side. Assistant Sub Inspector Balbir Sigh, the Investigating Officer (PW5) has stated that the tractor, as per his investigation, hit the bicycle. Jatinder Kumar (PW6) has further sated that the face of Raju was disfigured. As per the Medico -legal report, no injury was found on the face of the deceased.