MANGAL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.4 dated 8.1.2008, registered under Sections 304-A, 279, 337 and 427 IPC, registered at Police Station Sri Hargobindpur, District Batala, District Gurdaspur (Annexure P-1), as well as quashing of judgment and order dated 23.4.2013 (Annexure P-2) passed by learned Judicial Magistrate Magistrate 1st Class, Batala, whereby petitioner has been convicted for offence under Sections 304-A and 337 IPC, on the basis of compromise dated 5.3.2015 (Annexure P-4).

(2.) As per the prosecution, the present case was registered on the basis of statement of Malwinder Singh son of Surjit Singh, Caste Jatt, resident of Kot Todar Mal, Police Station Qadian. As per the case of the prosecution, on 8.1.2008, the complainant, who is an agriculturist had gone to Sri Hargobindpur on his motor-cycle along with his father for some domestic work. At about 12.30 pm when they were coming back to their village and were on the road going to village Khokarwal, one Maruti Car bearing No.HR-51-N-7194 came and stopped near them. The car was being driven by his cousin Partap Singh and Harbans Lal was also sitting in the car. They told them that they had gone to Delhi and were coming back. Meanwhile, from the side of Harchowal, one truck bearing No.RJ-31J-3741 came at a high speed and struck against the car of Partap Singh. The complainant and his father rescued Partap Singh and Harbans Singh. However, the truck driver fled away from the spot after leaving his truck at the spot. The name of the truck driver was later on learnt to be Mangal Singh son of Chanan Singh, Jatt, resident of Dulluana. The police party came from the side of Harchowal and HC Gurmukh Singh brought the injured to the Harchowal Hospital and from there they were referred to the Civil Hospital, Batala in ambulance. However, Partap Singh succumbed to injuries and died on the way, whereas Harbans Lal was admitted in the hospital.

(3.) After recording the statements, the investigation was carried out and challan was prepared and presented in the Court.