GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed the present revision against his conviction and sentence under Sections 338 and 279 IPC. While he was sentenced to undergo RI for one year and to pay a fine of Rs. 5,000/- under Section 338 IPC, he was also sentenced to undergo RI for six months under Section 279 IPC. Both the substantive sentences were ordered to run concurrently.

(2.) THE facts giving rise to the present case are that on 16.5.2003 at about 9.30 p.m., the petitioner while driving truck No. CH-01-M-5433 at a fast speed in rash and negligent manner, struck against the scooter of complainant Baljit Singh. As a result of this accident, the complainant suffered injuries. His legs were fractured, whereas he received injuries on his left arm as well. The scooter of the complainant was also damaged.

(3.) THERE is sufficient material on the record to sustain the conviction of the petitioner under Sections 338 and 279 IPC. The testimony of complainant Baljit Singh as PW-4 was fully corroborated by Norata Singh PW-1. It was on account of the rash and negligent driving of the petitioner that the accident in question had taken place. Dr. Sandip Kumar Kalia PW-9, deposed about the treatment given to complainant Baljit Singh at PGI, Chandigarh. The investigation part of the case was proved through the testimony of ASI Tilak Ram PW-2, while Karam Singh PW-3 proved mechanical test report of the truck and the scooter. In view of the above, conviction of the petitioner for the offences under Sections 279 and 338 IPC is affirmed.