JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant revision petition is directed against the concurrent findings of conviction recorded by learned Sub Divisional Judicial Magistrate, Samana, vide judgment dtd. 16/5/2006, whereby the revisionist-accused Jaswinder Singh was convicted under Sec. 304-A of the Indian Penal Code, 1860, and sentenced to undergo imprisonment as follows:- <IMG>JUDGEMENT_149_LAWS(P&H)9_2025_1.jpg</IMG>

(2.) The judgment of the learned JMIC was thereafter upheld by the learned Additional Sessions Judge, Patiala vide judgment dtd. 22/8/2009.

(3.) The case of the prosecution, as noticed in the FIR as lodged by Budh Singh (PW2), son of Sukhdev Singh (hereinafter referred to as 'the deceased'), is that on 23/5/2001, around 2.00 p.m., the deceased was coming on a bicycle from Village Fatehgarh Channa. As he turned towards his fields, a Mahindra jeep bearing registration No.PB-llH-5904, driven rashly and negligently at high speed from Bhawanigarh side by petitioner Jaswinder Singh (hereinafter referred to as 'the accused'), struck the bicycle.