KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present criminal revision petition is directed against the impugned judgments passed by the learned courts below, whereby petitioner was convicted for the offence under Sections 304-A, 279 and 337 IPC and were sentenced to undergo for a period of 1 year and 6 months, besides payment of fine of Rs.700/-, by the impugned judgment of conviction and order of sentence of even date, i.e. 16.4.2004 passed by the learned Sub Divisional Judicial Magistrate, Dasuya ('SDJM' for short), which was upheld by the learned Additional Sessions Judge, Hoshiarpur vide his impugned judgment dated 23.2.2007.

(2.) Brief facts of the case, as recorded by the learned trial Court in paras 2 and 3 of the impugned judgment of conviction, are that on 6.9.1999, one ruqa/chit was received from the doctor on duty at Civil Hospital, Dasuya with regard to the arrival of the dead body of Sukhwinder Singh as road side accident case. That SI Mohan Lal along with other police officials went to Civil Hospital, Dasuya at where Jhugar Singh son of Nirmal Singh, who was eye witness, met the investigating officer and got recorded his statement to the effect that he was resident of Village Terkiana and doing computer work at Dasuya. On the day of incident, he along with his nephew namely Sukhwinder Singh and one Surjit Sing, residents of Village Terkiana were coming to Dasuya on scooter bearing No. PB-07-E-6921. Sukhwinder Singh was driving the said scooter and he (complainant) and said Surjit Singh were sitting on the pillion seat of the scooter. When their scooter passed road bridge namely Kahawala chowk, A truck bearing no. PB-08-D-0797 came from the opposite side in a rash and negligent manner hit their scooter and dragged them. Truck ran over Sukhwinder Singh due to which Sukhwinder Singh died at the spot. The complainant further stated that he and Surjit Singh also suffered injuries in the said accident. It was time about 10.20 AM. Later on he learnt time of the truck driver as Kashmir Singh son of Karan Singh r/o V. Dalli Poice Station Bhogpur Distt. Jalandhar. The complainant further stated that he made arrangement of the vehicle and took the dead body of Sukhwinder Singh to Civil Hospital, Dasuya. He also told to the doctor regarding injuries suffered by them. Above-said statement was got recorded by the complainant before the investigating officer at Civil Hospital, Dasuya. He further stated that accident took place due to rash and negligent driving of truck driver Kashmir Singh. So the action be taken against him. On the basis of abovesaid statement of the complainant, FIR of the present was got registered. Investigation was carried out. Inquest report was prepared. Post-mortem was got conducted. Rough site plan was got prepared. After completion of necessary formalities, challan was presented to the competent court of competent jurisdiction.

(3.) The prosecution, with a view to prove its case, produced as many as 9 prosecution witnesses, besides placing on record other documentary evidence. On closing of the prosecution evidence, statement of the accused was recorded under Section 313 Cr.P.C. All the incriminating material was put to the accused. He denied the allegations, alleged false implication and claimed complete innocence. However, the accused did not lead any evidence in his defence.