RACHNA DEVI Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS revision petition has been filed challenging order dated 01.03.2014 whereby the revisional Court has allowed respondent No. 2 - Kamaljit Kaur's revision petition and set aside order dated 26.10.2013 passed by the trial Court whereby she had been summoned to face trial under Sections 279 and 304 -A IPC. The petitioner/complainant being aggrieved by consequent dismissal of her application under Section 319 Cr.P.C., has preferred this revision petition.

(2.) FIR No. 26 dated 27.02.2013 under Sections 279, 304A IPC was registered on the complaint of petitioner Rachna Devi to the effect that her younger son Gulshan Kumar, a student of Class -2 in Government Elementary School Purana Bhangala went to school on 27.02.2013. At about 11.00 a.m., some students came and informed her that Gulshan Kumar has met with an accident with tractor trolley in the school. On reaching school, complainant found the head teacher missing. She was informed that the owner of the tractor trolley, on arranging the vehicle, has taken her injured son to Civil Hospital. Her son was referred to DMC, Ludhiana from Civil Hospital, Mukerian keeping in view his serious condition. On the way to DMC, Ludhiana her son died at Bhogpur. She subsequently came to know that tractor trolley was being driving by Satwinder Singh son of Chanan Singh. It is alleged that the accident took place on account of negligence of Satwinder Singh driver of the tractor trolley as well as negligence of the Head teacher and staff members of the school.

(3.) PETITIONER -complainant Rachna Devi appeared as PW1 and narrated her version before the trial Court (Annexure R -3). Examination -in -chief of Rachna Devi was conducted and the cross examination was deferred.