SAHIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has approached this Court against the impugned judgment dated 21.9.2013 passed by the learned Additional Sessions Judge, Tarn Taran, whereby appeal of the petitioner against the judgment of conviction and order of sentence both dated 1.6.2012 passed by the learned Sub -Divisional Judicial Magistrate, Patti, was dismissed and the conviction as well as sentence was upheld.

(2.) BRIEF facts of the case are that on 24.11.2007 ASI Karnail Singh, along with other police officials, was present at Chowk of village Chuslewar in connection with patrolling. Complainant Shri Lakhpal Singh came present and got recorded his statement to the effect that on that day i.e. 24.11.2007, marriage of his son was fixed and BARAT was to go to Bhikhiwind. The BARAT was going in Mini Bus towards vi1lage Bhikhiwind. At about 12/12.30 noon, along with the BARAT of Sarabjit Singh son of the complainant, Kuldeep Singh nephew of the complainant were also going on motorcycle ahead of them. The complainant was sitting on the front seat of the Mini Bus which was following the motorcycle. Sarabjit Singh was driving the motorcycle and Kuldeep Singh was the pillion rider. One more motorcycle was going along with the motorcycle of the son of the complainant. In the meantime, one truck bearing No. PB -02 - C -9967 driven by Sahib Singh accused came in rash and negligent manner and accused struck the same into the motorcycle of the son of the complainant, due to which the motorcycle of the son of the complainant turned backward at once and struck into the other motorcycle. Kuldeep Singh and Sarabjit Singh died at the spot and the occupants of the other motorcycle also got injuries. This accident was occurred due to the rash and negligence driving of the driver of the truck at a very high speed. On the basis of the statement, present FIR was registered. Investigation was conducted. Statement of witnesses were recorded.

(3.) POLICE report under Section 173 Cr. P.C. having been presented in the court, copies thereof were supplied to the accused free of costs, as required under Section 207 Cr.P.C. Having found a prima facie case, charge was framed against the accused for committing offence under Sections 279, 304 -A, 337 and 338 IPC. The accused pleaded not guilty and claimed trial. With a view to prove its case, prosecution examined as many as five prosecution witnesses, besides tendering relevant documents in evidence. After closing of the prosecution evidence, statement of the accused was recorded under Section 313 Cr.P.C., while putting the entire incriminating to him. The accused denied his involvement and pleaded false implication. However, the accused did not lead any evidence in defence.