GAJJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner - Gajjan Singh son of Shingara Singh, resident of village Hariano, P.S. Lehra, District Sangrur has filed the present revision petition against the judgment dated 24.3.2015 passed by learned Additional Sessions Judge, Patiala, whereby his appeal against the judgment of conviction and sentence dated 3.8.2013 passed by learned Sub Divisional Judicial Magistrate, Samana was dismissed.

(2.) Briefly stated, FIR No.22 dated 18.1.2009 under Sections 279, 338, 304-A, 427 IPC Police Station Patran, District Patiala was registered against the petitioner on the statement of Harmanjit Singh, complainant. As per the case of the prosecution, the nephew of the complainant namely Gagandeep Singh along with Rajwinder Singh, Harvinder Singh and one Sita Ram were going towards Village Rongley in Zen car bearing registration no.PB-13-H-3096, whereas the complainant was travelling in separate Maruti car along with Jarnail Singh, who were following the said Zen car. At about 4 P.M., when car of Gagandeep Singh reached near Khanewal bridge, a truck bearing registration No.PB-13-D-6873 came from Patran side which was being driven in a rash and negligent manner. The name of the driver of the truck was later on came to be known as Gajjan Singh son of Shingara Singh, resident of Hariao, the present petitioner. The truck was overtaking a motor cycle and in this process, it rammed into the car of Gagandeep Singh. Seeing this accident, the complainant stopped his car and raised hue and cry, which attracted public, with whose help, Gagandeep Singh was taken out of the car. However, Gagandeep Singh died at the spot, whereas the other occupants of the car as well as the motorcyclist suffered serious injuries. On the basis of investigation, the police submitted challan and copies of documents were duly supplied to the accused free of cost, as envisated under Section 207 CrPC.

(3.) Learned trial Court after recording the evidence and hearing learned counsel for the parties, vide judgment dated 3.8.2013, held the petitioner guilty for offence under Sections 279, 338, 304-A IPC and sentenced him as under:-