SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision has been preferred by the petitioner who was convicted under Section 279, 304-A IPC by the SDJM, Samrala, vide order dated 22.09.2006. Petitioner was sentenced to undergo rigorous imprisonment for a period of 3 months for commission of offence under Section 279 IPC. He was further sentenced to undergo rigorous imprisonment for a period of 2 years for commission of offence under Section 304- A IPC along with fine of Rs.5000/-. In default of payment of fine he was to undergo further rigorous imprisonment for a period of 6 months. The appeal filed by him was dismissed by the Addl. Sessions Judge, Ludhiana, vide order dated 11.10.2007.

(2.) The facts need to be exposited. Kamaljit Singh was a Head Constable with Punjab Police. He had come home to meet his parents at village Harion Kalan. On 21.04.2003, he was returning and was on Behlopur Road, Samrala on a cycle. His father Chuhar Singh was following him on a separate cycle. At 6:00 PM, a tractor-trolley loaded with sand came from behind. It overtook the cycle of Chuhar Singh, went ahead and hit Kamaljit's cycle from behind, crushing him. Kamaljit succumbed to the injuries. The driver of the tractor-trolley fled from the spot. Chuhar started attending to his son and was unable to note the registration number of the tractor-trolley. After informing the police, he went out and saw the driver washing the tractor in the nearby fields. He identified the tractor-trolley and the driver and came back and got a supplementary statement recorded one and a half hour later. The tractortrolley was taken into possession the same day by the police. Investigations were completed and challan was presented.

(3.) The accused simply denied the allegations and examined Jira Ram as his witness.