SUKHJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner for quashing/setting-aside the judgment dated 18.03.2013, passed by Judicial Magistrate 1st Class, Shaheed Bhagat Singh Nagar and judgment dated 20.05.2014, passed by Sessions Judge, Shaheed Bhagat Singh Nagar. The brief facts of the case in hand, recorded by the learned trial Court are that on 29.06.2006, Sat Pal, son of Darshan, resident of Village Girdarpur, P.S. Bilsi, District Bandayu (Uttar Pradesh) at present Village Bahrowal, PS Banga, District Nawanshahar, made statement before the SI Satish Kumar to the effect that he is resident of aforesaid address and is labourer by profession. On 29.06.2006 in the morning, he along with his brother Lakhan Singh came to Banga on their respective cycles in connection with work and at about 6.15 a.m., after finishing their work they were going back to Village Bahrowal and when they reached a little before Bus Stand, Banga one truck trala bearing No. PB-12-H-9217, came from Nawanshahar side and it was being driven by its driver in rash and negligent manner at high speed and struck against the cycle of Lakhan Singh, as a result of which his cycle got damaged badly and Lakhan Singh was dragged by the truck to some distance. Lakhan Singh died at the spot. He came to know the name of driver of said truck as Sukhjinder Singh son of Jagjit Singh resident of H.No. 384, Giani Zail Singh Nagar, Ropar.

(2.) I have heard the learned counsel for the parties and have perused the file with their able assistance.

(3.) Both the Courts below have concurrently held that it is proved beyond doubt that the revisionist-petitioner caused the death of Lakhan Singh rashly and negligently driving the truck trala and also drove the vehicle on the public way rashly and negligently endangering the human life and safety of others. It is a case of mere denial of accident. The revisionist-petitioner only pleaded false implication.