CHAMKAUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed the instant petition to challenge the concurrent findings of conviction recorded by the Courts below against him for offence under Section 304 -A of Indian Penal Code (IPC). Learned trial Court held that since the graver offence is under Section 304 -A IPC, there is no need to record separate conviction under Section 279 IPC. The trial Court awarded the petitioner sentence to undergo rigorous imprisonment for two years and to pay fine of Rs. 5000/ -, in default of payment of fine to further undergo rigorous imprisonment for six months. The sentence awarded to the petitioner was also affirmed by the learned Appellate Court.

(2.) THE facts of the case briefly are; On 18.06.2001, complainant Kulwant Singh and his nephew, namely; Jaspreet Singh @ Mintu (deceased) were coming from the fields towards their house on scooter make Bajaj Chetak No. PB -55 -6805. The complainant was driving the scooter and Jaspreet Singh @ Mintu was the pillion rider. The complainant parked the scooter on the left side of the road leading to village Latala and himself went for urinating. Jaspreet Singh @ Mintu was standing with the scooter. In the meantime, at about 08.30 p.m. the offending truck No. PB -13F -4801 came from the side of village Chappar at a high speed which was being driven in a rash and negligent manner. The driver of the truck did not blow any horn and the victim was run over. After the accident truck entered into the fields and stopped. The occurrence was witnessed by Jarnail Singh and Habhajan Singh PWs, who reached the spot and apprehended the truck driver at the spot. Jaspreet Singh succumbed to the injuries on his person and died at the spot. The scooter was also badly damaged.

(3.) THE police party reached the spot and recorded, Ex. PA, the statement of complainant on the same day at about 10.30 p.m. on the basis of which FIR Ex. PW -5/A was registered. Both the vehicles were also taken into possession from the spot vide different recovery memos. The site plan of the spot indicating the location of victim and the vehicle soon after the occurrence is Ex. PW -5/B. The accused was arrested at the spot. Postmortem examination of the dead body of Jaspreet Singh @ Mintu was conducted by PW -6 Dr. Ravinder Khera, Medical Officer who prepared the postmortem report. The doctor found that there was internal bleeding and cerebral injury due to the fracture on the left parietal temporal bone and shock and haemorrhage due to injury no. 1, which was sufficient to cause death in the ordinary course of nature.