KULDIP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KULDIP Kumar petitioner was convicted for offence under Section 304-A IPC by the Court of Shri N.C. Prashar, Sub Divisional Judicial Magistrate, Jagraon on 6.12.1988 and was sentenced to undergo RI for two years and to pay fine of Rs. 1,000/-, in default, to undergo further RI for three months. This petitioner filed an appeal against that judgment which was dismissed by the Court of Shri Beant Singh Bedi, Additional Sessions Judge, Ludhiana on 5.6.1990. However, sentence of imprisonment was reduced from two years to eight months. Still feeling dissatisfied, the present revision petition has been filed.

(2.) THE prosecution case against the present petitioner is that on 7.6.1987 when Ram Singh, his wife Ranjit Kaur and their infant son Goldi were going from their native village Kamalpur to Malerkotla via Raikot on motor cycle bearing No. PCN 904 driven Ram Singh, on which Ranjit Kaur was sitting as pillion rider, then at about 8.45 a.m. when they reached Tajpur Chowk, Raikot, truck bearing No. PAT 7584 driven by Kuldip Kumar came from the side of Pakhowal at a high speed being driven rashly and negligently without blowing horn and hit the motor cycle driven by Ram Singh on left side. Ranjit Kaur and Goldi fell on the right side of the truck whereas Ram Singh and his motor cycle was dragged by the truck. Ram Singh received various injuries. He was admitted in a private hospital but ultimately died in Christian Medical College, Ludhiana on 20.7.1987. A case against the present accused-petitioner for offence under Sections 279/337/427 IPC was registered. Ultimately, offence under Section 304-A was also added. Accused Kuldip Kumar was arrested and after investigation he was sent for trial. He faced trial. Case against the accused was found proved and he was convicted and sentenced as aforesaid.

(3.) LEARNED counsel for the petitioner could not point out any infirmity in the evidence of the prosecution especially when it was supported by an eye witness i.e. Ranjit Kaur PW-2, who was sitting as pillion rider on the vehicle being driven by Ram Singh deceased. Sikander Ram PW-3 who was near the place where the occurrence took place, had also supported the prosecution case.