SANTOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SANTOKH Singh aggrieved by dismissal of his appeal vide order dated 12.10.1991 by the Addl. Sessions Judge, Amritsar has filed the present revision to challenge the conviction under Section 304-A, IPC and sentence recorded by the Addl. Chief Judicial Magistrate, Amritsar vide order dated 24.7.1990 whereby he was sentenced to undergo imprisonment for one year and to pay a fine of Rs. 1,000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for one month.

(2.) THE circumstances leading to the prosecution of the petitioner are that on 26.11.1986 at about 7.30 A.M. Mohinder Pal deceased along with his brother Charan Dass PW-3 was going to purchase milk towards Telephone Exchange situated within the area of Katra Sher Singh, Amritsar. When they reached near Dharamshala of Parjapat Baradari, a truck came from the opposite side, which was driven by the petitioner. It was being driven with excessive speed and in a negligent manner. The petitioner had brought the truck towards his extreme right hand side with the result that its right wheel hit Mohinder Pal and crushed him. After the accident, the driver sped away from the spot in his vehicle. The vehicle was chased by Dharam Singh on his scooter and he was able to intercept the same near the speed breaker by the side of D.A.V. College, Amritsar. The driver of the vehicle was brought back at the spot by Dharam Singh, where the police had already reached. The driver, who was eventually identified as petitioner was arrested by the police. On the basis of statement of Charan Dass, an FIR was recorded and on completion of investigation, a challan was submitted against Santokh Singh. On going through the papers sent up with the challan, the Addl. Chief Magistrate, Amritsar had framed charge against the petitioner under Section 304-A, IPC and when he pleaded not guilty to the charge, the prosecution was called upon to lead its evidence.

(3.) THE trial Court after hearing the arguments rejected the defence version and convicted Santokh Singh under Section 304-A, IPC and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for one month.