LAWS(P&H)-2015-3-8

STATE OF PUNJAB Vs. RAM JUARI

Decided On March 09, 2015
STATE OF PUNJAB Appellant
V/S
Ram Juari Respondents

JUDGEMENT

(1.) Appellant State of Punjab has preferred this appeal against the order of acquittal dated 30.01.2004, passed by the learned Additional Chief Judicial Magistrate, Fatehgrah Shaib, vide which, respondent Ram Juari has been acquitted for the offences punishable under Sections 279/337/304-A Indian Penal Code, 1860 (for short 'IPC').

(2.) The brief facts of the prosecution case are that on 24.05.1999, complainant Jaswant Kaur and her husband Ashok Kumar (deceased) were riding on scooter No.PB-11E-6286 and were going from Kurali to Patiala. The scooter was being driven by deceased Ashok Kumar and complainant Jaswant Kaur was pillion rider. At about 05:00 p.m., when they reached Madhopur Chowk, a TATA Sumo bearing registration No.HR-06E-4506 came from Rajpura side at a very high speed, in a rash and negligent manner and without blowing any horn. The driver of the TATA Sumo struck it against their scooter. Due to which, they both fell down on the ground and suffered the injuries. She removed her husband to Civil Hospital, Fatehgrah Sahib in an ambulance, which was parked at Madhopur Chowk but her husband Ashok Kumar succumbed to the injuries in the hospital. She later on came to know the name of the driver of the TATA Sumo as respondent Ram Juari. On the statement of complainant Jaswant Kaur Ex.P1, FIR Ex.P26 was registered and the investigation was started.

(3.) The Investigating Officer conducted the inquest proceedings and sent the dead body for the postmortem examination. He inspected the spot and prepared the site plan of the place of occurrence Ex.P27. Complainant Jaswant Kaur was also medico legally examined. The vehicle involved in the accident was taken into possession. Accused Ram Juari was arrested on 26.05.1999 and on completion of the investigation, the report under Section 173 Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') was presented in the Court.