RAGHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Raghbir Singh has preferred this revision petition against the judgment and order of the learned Additional Sessions Judge, Patiala, dated 16.1.1995. While dismissing the appeal of the petitioner the learned Additional Sessions Judge held him guilty of offences under Sections 279, 337 and 304-A of Indian Penal Code and as well upheld the sentence awarded to him by the trial Court. The petitioner was sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 500/- under Section 304-A I.P.C. In default of payment of fine he was to undergo further rigorous imprisonment for two months. He was also sentenced to undergo rigorous imprisonment for six months each under Sections 337 and 279 I.P.C.

(2.) THE case of the prosecution which led to the conviction of the petitioner was that on 4.4.1989 complainant Harkirat Singh along with his brother Jujhar Singh came from Ambala to Patiala on car No. HRY-2043 for leaving a passenger there. On their return journey, when Harkirat Singh was driving the car, two passengers of Rajpura were taken from the Railway Station Chowk, Patiala. At that time Jujhar Singh was driving the car. While one passenger was sitting at the back seat, other was on the front seat with the driver. When the car reached Bahadurgarh, a truck came from the Rajpura side at a very high speed. Jujhar Singh is stated to have taken the car on the Kacha portion of the road. The truck driver while driving the vehicle rashly and negligently took to the extreme right of the road and hit the car. Jujhar Singh died at the spot while Harkirat Singh, his brother and other occupants received injuries. They were taken to the hospital and were admitted there. At about 12.15 a.m. on 5.4.1989, A.S.I. Des Raj left for hospital but met Harkirat Singh near the police station and recorded his statement Ex.PW 7/A. The investigating officer went to the spot and prepared the inquest report. The dead body of Jujhar Singh was subjected to post-mortem examination. The report of the doctor is Ex. P/1. The death was resulted from the injuries received in the vehicular accident. The investigating officer also recorded the statements of Sukhwant Singh and Rajesh Kumar, who were admitted to the hospital in injured condition. Blood-stained clothes of the deceased were also taken into possession. After completion of investigation challan against the accused was put up in the Court for trial under Sections 279, 337, 427 and 304-A I.P.C.

(3.) IN his statement under Section 313 Cr.P.C. the petitioner denied the allegations and claimed innocence. He did not lead any evidence in defence.