AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.') against the judgment dated 10.2.2014 passed by the learned Additional Sessions Judge, Ferozepur, vide which he dismissed the appeal as directed against the judgment and order dated 09.6.2012 passed by the Court of Shri Karnail Singh, PCS, the then learned Additional Chief Judicial Magistrate, Ferozepur, vide which he convicted the present revision -petitioner for an offence punishable under Section 304 -A of the Indian Penal Code (hereinafter tobe referred as 'IPC'). The learned Magistrate has sentenced the revision -petitioner to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) BRIEFLY stated the case of the prosecution is that on 28.1.2004 Dinesh Kumar complainant, who was working as Clerk in the Government High School, Sherkhan, along with Puran Chand, who was also working as a Clerk in Senior Secondary School, Village Waloor proceeded from Ferozepur by Bus to their respective schools. They alighted from the bus at Bus stop of Village Sandeh Hasham. One Kulwant Singh, Teacher also came there and they were talking with each other. In the meantime at about 9.05 a.m. a truck bearing registration No.PB05C -7722 came from Zira side, which was being driven in a rash and negligent manner at a very high speed. The vehicle struck against Puran Chand, who fell down in the road -side pits. Thereafter, the said truck dashed with the cemented Tharra (platform) and then tilted in the road -side pits. Puran Chand was taken to Civil Hospital, Ferozepur, whereby he succumbed to the injuries on the way to the Hospital. The accident had taken place due to rash and negligent driving of the driver of said offending truck. The matter was reported to the police by complainant Dinesh Kumar, who made his statement before ASI Satnam Singh. On the basis of statement, a formal FIR was registered against the accused. The police visited the place of accident and statements of witnesses were recorded. Rough site plan of the site was also prepared. The offending vehicle i.e. truck bearing registration No. PB05C -7722 was taken into police possession.

(3.) THE revision -petitioner was charged accordingly by the learned trial Court to which he did not plead guilty and claimed trial. The prosecution examined as many as nine witnesses, namely, complainant Dinesh Kumar as PW1, Dr. Renu Singla, Medical Officer, Civil Hospital, Ferozepur as PW2, Dr. Jajbir Singh Sandhu, Medical Officer, Civil Hospital, Ferozepur as PW3, HC Amarjit Singh as PW4, HC Beant Singh as PW5, ASI Satnam Singh, Investigating Officer as PW6, Kulwant Singh, eye witness as PW7, HC Jora Singh as PW8 and Joginder Singh as PW9 and thereafter, the prosecution closed its evidence. Statement of accused in terms of Section 313 Cr.P.C. was recorded and the circumstances appearing against him were put to him to which he denied all the allegations and pleaded that a false case has been registered against him. However, he did not lead any evidence in his defence. After hearing the prosecution and the defence counsel, the learned trial Court convicted the present revision -petitioner for offence punishable under Section 304 -A IPC and sentenced him for the said offence as aforementioned. Appeal against the said judgment and order was also dismissed before the Court of Sessions and hence the present revision petition.