SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT petition has been filed against the judgment dated 12.6.2006 passed by the Additional Sessions Judge (Fast Track Court), Ludhiana whereby the appeal against the order dated 29.9.2003 passed by the Sub Divisional Judicial Magistrate, Samrala has been dismissed. Vide the judgment of conviction/order of sentence dated 29.9.2003, trial Court convicted and sentenced the petitioner as under: <FRM>JUDGEMENT_568_LAWS(P&H)1_20151.htm</FRM>

(2.) ALL the sentences were order to run concurrently. Prosecution version in brief is that on 11.5.1999 police party headed by ASI Gurmit Singh was present at Neelon Bridge in connection with patrolling. Kewal Singh son of Sarwan Singh recorded his statement that he along with Sukhdev Singh, Pritpal Singh, Nachhattar Kaur and others in Jeep No. RJ 13 -0308 which was being driven by him were going from Nathu wala to Anandupur Sahib to pay obeisance. One truck No. HR -29 -C -4825 came from the front side which was being driven rashly and negligently and hit the the right side of his jeep. Due to which, jeep went out of control and Sukhdev Singh, Pritpal Singh who were sitting behind on the right side received multiple injuries and the right arm of Nachhattar Kaur was cut. Sukhdev Singh, Nachhattar Kaur and Pritpal Singh died at the spot. Accident occurred at about 5.25 p.m. Kewal Singh started for the police station when ASI Gurmeet Singh met him at the canal bridge to whom the statement was made by Kewal Singh. It was forwarded to the Police Station. In this background, FIR was registered.

(3.) AFTER the completion of investigation, accused was challaned. Finding a prima facie case against he accused under Section 279, 304 -A, 427 IPC, accused was charge sheeted accordingly, to which he did not plead guilty and claimed trial.