SUNIL KUMAR Vs. HARJINDER SINGH AND ORS.

JUDGEMENT

(1.) Present criminal revision petition, at the instance of complainant, is directed against the impugned judgment dated 29.09.2014 passed by learned Additional Sessions Judge, whereby appeal of the respondent No. 1, against the judgment of conviction dated 13.08.2013, passed by learned Chief Judicial Magistrate, Sangrur, was allowed and his conviction was set aside.

(2.) Brief facts of the case, as noticed by the learned Additional Sessions Judge in para 2 of his impugned judgment, are that on 06.12.2008, complainant Brij Mohan got recorded his statement to the police that he was running a tea stall outside Dhuri Gate. They were three brothers. Elder one was Sham Kumar, younger to him was Sunil and he was the youngest to them. They were doing their business separately. On 05.12.2008, at about 8.00 pm, he and his brother Sunil were going from Church towards Ranbir College. His brother Sunil was ahead of him. A vehicle came at a high speed without front lights and in a rash and negligent manner from the side of Ranbir College. He and his brother were going on left side of road. The driver of the car hit his brother in a rash and negligent manner. He stepped aside and therefore, saved his life, whereby his brother sustained many injuries. He went nearby and read number of vehicle as HR -13 -8020. Thereafter, the driver of the vehicle fled away from the spot along with his vehicle. His brother was admitted to Civil Hospital from where he was referred to Rajindra Hospital and from where he was referred to PGI Chandigarh. He came to arrange money and blood for treatment of his brother. On the basis of this statement, case was registered. Rough site plan was prepared. Accused was arrested on 19.12.2008. After completion of investigation, challan was presented in the trial Court.

(3.) Challan having been presented against the accused, copy thereof along with documents attached therewith, was supplied to the accused as required under Sec. 207 of the Code of Criminal Procedure ('Cr.P.C for short). A prima facie case was found and accordingly, the accused was charge -sheeted by the learned trial Court for the offences punishable under Ss. 279, 338 of the Indian Penal Code ('IPC for short). Accused pleaded not guilty and claimed trial.