JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in the instant revision is to the concurrent findings recorded by the Courts below convicting the petitioner under Sections 304 -A and 279 of the Indian Penal Code (IPC). The evidence with regard to injuries on the person of Lakhwinder Kaur an injured in the incident having not been proved nor Lakhwinder Kaur examined in the witnessbox, the trial Court, thus, acquitted the petitioner of the charge under Section 338 IPC. The petitioner was awarded the sentence under Section 304 -A IPC to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 2000/ -, in default to further undergo imprisonment for 15 days. He was further sentenced to undergo rigorous imprisonment for a period of six months under Section 279 IPC and to pay a fine of Rs. 1000/ - and in default to further undergo imprisonment for 15 days.

(2.) SINCE the argument was confined only qua the quantum of sentence, it would be necessary to briefly describe the facts of case. The FIR was recorded on the statement of Darbara Singh an eye -witness. On 30.09.2006, Darbara Singh and his nephew Dilbag Singh were going on a motorcycle which was being driven by Dilbag Singh. The other nephew of complainant, namely; Sukhchain Singh was also going on separate motorcycle ahead of them on the public highway. Lakhwinder Kaur wife of Sukhchain Singh and his daughter -Jaspreet Kaur were the pillion riders. It was about 6.00 p.m. they reached near the Khemkaran Petrol Pump, that a mini bus No. PB -08 -Temp./06/3668 belonging to Punjab Travels Company being driven in a rash and negligent manner hit the motorcycle of Sukhchan Singh. Sukhchan Singh and his daughter Jaspreet Kaur had fallen on the ground and they died at the spot whereas Lakhwinder Kaur suffered injuries. The statement about the incident was made before SI Kaur Singh on 30.09.2006 itself.

(3.) THE prosecution story was supported by Darbara Singh, PW -5 the complainant and his nephew Dilbag Singh as PW -4. The post mortem reports were proved by PW -1 Dr. Gupreet Singh Rai. PW -5 Darbara Singh, stated in the witness -box that he already knew the petitioner. Dilbag Singh PW -4 also identified the petitioner being the driver of offending bus.