BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed impugning the judgment dtd. 4/3/2010 passed by Additional Sessions Judge, Muktsar whereby the appeal filed against the judgment of conviction and order of sentence dtd. 4/2/2008 passed by Judicial Magistrate Ist Class, Muktsar has been dismissed.

(2.) The FIR in the present case came to be registered on 6/3/2002. The judgment of conviction was passed on 4/2/2008 by the Judicial Magistrate Ist Class, Muktsar. The Appeal filed against the order of conviction was dismissed on 4/3/2010 by the Additional Sessions Judge, Muktsar. The instant revision petition was filed on 7/4/2010 and has come up for final hearing now i.e. after a period of more than 23 years from the date of registration of the FIR.

(3.) As per the prosecution story, a police party led by ASI Nirmal Singh, on 6/3/2002 was present at bus stand Burra Gujjar in connection with patrolling. One Kaka Singh (hereinafter called as complainant) came there and made a statement that he was a resident of village Chagali Kadeem and an agriculturist. On that day, he along with his elder brother Arjan Singh, nephew Baljit singh, niece Baljinder Kaur and Hari Singh were returning to their village after meeting their sisters in village Wadia. The said Arjan Singh was driving the scooter bearing registration No. PB-05E-7976 and his daughter Baljinder Kaur and son Baljit Singh were sitting behind him. He and Hari Singh were coming behind them on a bullet motor cycle. At about 11.30 A.M., when they reached within the revenue limits of village Marmallu, a jeep bearing No. DL-ICE-0691 was seen coming from the opposite side at very high speed. The jeep was being driven rashly and negligently by its driver and it struck the scooter driven by Arjan Singh. His brother along with his nephew and niece fell down and the jeep also turned turtle. He and Hari Singh stopped the motor cycle and came to know the identity of the driver of the jeep as Bhola Singh s/o Ajaib Singh i.e. the present accused. He and his companions saw his brother with grievous injuries who died at the spot. The children also suffered severe injuries. In the mean time, one car came from Sadiq side and both the injured children were taken to Muktsar for treatment. He (the complainant) further stated that the persons sitting on the jeep also received some injuries and they were brought to Sadiq on a canter. He lef Hari Singh at the spot and proceeded towards the police station for reporting the matter. The incident occurred due to the faulty driving of the jeep by the present accused.