BALJIT SINGH @ BEETA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INSTANT criminal revision petition is directed against the judgment dated 18.9.2013 passed by the learned Additional Sessions Judge, Fatehgarh Sahib, whereby appeal of the petitioner against the impugned judgment of conviction and order of sentence dated 7.4.2012 passed by the learned learned Additional Chief Judicial Magistrate, Fatehgarh Sahib, was dismissed, upholding the conviction and sentence of the petitioner.

(2.) BRIEF facts of the case are that criminal law was set into motion on the statement of Amarpreet Singh son of Harvinder Singh resident of Jamitgarh, which was recorded on 14.1.2005 by ASI Harnek Singh. The author of the FIR stated that he was doing the work of agriculture. He further stated that on 14.1.2015, he was going on his motorcycle and his parental uncle Didar Singh son of Amar Singh, Caste Ahluwalia resident of Dehm, was going on his separate scooter bearing No. PB -52 -1109 Mark Bajaj Chetak from Village Jamitgarh to Badali for the purpose of getting the marriage card of his sister printed. Didar Singh was going ahead of his scooter about 20 KARAM to the complainant. He was following him. It was about 10.30 am when Didar Singh reached Manhera turn then one truck bearing No. PB -12 -1352 came from the opposite side. It was driven by Baljit Singh @ Beeta son of Piara Singh, Caste -Jat, resident of Manhera, P.S. Sirhind in a very rash and negligent manner. It hit on the scooter of Didar Singh and the scooter was entangled under the front mud guard of the truck and Didar Singh resultantly fell down on the road and the head of Didar Singh came under the tyre of the truck and was crushed badly. Didar Singh also received many other injuries. The truck driver after stopping the truck fled away from the spot. When he went at the spot, Didar Singh succumbed to the injuries at the spot. The complainant shifted Didar Singh in the said condition to Civil Hospital, Fatehgarh Sahib, where his statement was got recorded by ASI Harnek Singh.

(3.) THE above -said statement of the complainant was Ex. PW2/A. Consequently, FIR was registered under Sections 279/437/304 -A IPC at Police Station Sirhind. During investigation, statements of witnesses were recorded, copy of post -mortem report was collected and accused was put under arrest. Rough site plan of the place of occurrence was prepared. After completion of the investigation, final report under Section 173 Cr.P.C. was presented to the learned court of competent jurisdiction.