MOHAN LAL @ MOHNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present criminal revision petition is directed against the impugned judgement dated 4.6.2014 passed by the learned Sessions Judge, Gurdaspur, whereby appeal of the petitioner was dismissed and his conviction as well as sentence recorded by the impugned judgement of conviction and order of sentence of even date i.e. 10.12.2012 passed by the learned Judicial Magistrate Ist Class, Batala, were upheld.

(2.) Brief facts of the case, as recorded by the learned Sessions Judge in paras 2 and 3 of the impugned judgement, are that on 29.4.2004, he was returning from his duty on his Bajaj scooter bearing no.PB-18-F 9323. His wife Sukhwinder Kaur called him from bus stand Dhandoi. At about 9.30 a.m. they started for Qadian for some domestic work. When they reached near drain bridge in the area of village Thariyewal, one truck bearing No.DL-IG-3629, being driven by accused appellant, in a rash and negligent manner and at high speed came from the side of Batala and hit the scooter from behind, as a result of which they fell down. The rear tyre of the truck hit against the head of his wife and she died at the spot. The occurrence was also witnessed by Dr. Kuldip Singh and Harpinder Singh son of Ajit Singh.

(3.) The investigation of this case was conducted by ASI Balwinder Singh. He recorded the aforesaid statement of the complainant, put his endorsement on it and got registered the FIR. Then he went to the spot, prepared the inquest report on the dead body of Sukhwinder Kaur. He also prepared the rough site plan of the accident, took into possession the truck in question and recorded the statements of the witnesses. Accused was arrested in this case and after completion of the investigation, challan against the accused was presented in the court.