RAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present revision petition challenging judgment dated 25.8.2005 passed by learned Sessions Judge, Fatehgarh Sahib, whereby the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 18.3.2004 passed by learned Additional Chief Judicial Magistrate, Fatehgarh Sahib in case FIR No.239 dated 14.12.1999 under Sections 279 and 304-A IPC, registered at Police Station Sirhind, District Fatehgarh Sahib, was dismissed.

(2.) The trial Court vide judgment and order dated 18.3.2004 had convicted and sentenced the petitioner as under:

(3.) Briefly stated, the case of the prosecution is that on 14.12.1999 complainant Kuldeep Singh son of Gurdev Singh, resident of village Kalsana, Police Station Bhadson, District Fatehgarh Sahib had got recorded his statement to the police. As per the statement, the complainant is working in Manmohan Steel Mill, Mandi Gobindgarh. They are four brothers and sisters. His brother Avtar Singh who was working as a pump operator in Public Health Department for the last four years, did not come to his village for the last 3-4 days. The complainant and his uncle Bagga Singh had gone to village Jallaha water works on his scooter bearing registration No.PCX- 9379 and found Bharat Lal Chowkidar at water works. They enquired about Avtar Singh from the said Chowkidar. He informed that there was marriage of niece of Darbara Singh Namberdar and Ravinder Singh who is servant of Colonel and Avtar Singh had gone to leave the tables and chairs used for marriage ceremony in a tractor-trolley. Thereafter, the complainant and his uncle went towards Mandi Gobindgarh on their scooter. However, when they were little behind Mandi Gobindgarh Octroi Post, they saw his brother Avtar Singh was sitting on the mudguard of the tractor Mahindra 585 red-coloured.