KRISHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of instant petition, the petitioner has challenged the judgment dated 31.10.2015 passed by learned Sessions Judge, Pathankot, vide which the criminal appeal preferred by him against the judgment of conviction and order of sentence dated 30.4.2015 passed by learned Judicial Magistrate 1st Class, Pathankot, was dismissed. Learned Magistrate vide judgment dated 30.4.2015 convicted the petitioner for offence punishable under Sections 279, 338 and 427 IPC and vide separate order of even date, sentenced him as under:

(2.) Briefly stated, prosecution version is that on 16.05.2010, ASI Shiv Kumar was present at Police Station Division No.1. He received information that Ashwani Kumar was admitted in injured condition at Ravi Hospital, Pathankot. On receipt of said information, he along with other police officials in their private vehicle reached said hospital. However, the concerned doctor opined that the injured was unfit to give statement. When ASI Shiv Kumar along with other police officials was going to Gobind Sagar at Sarna by-pass, complainant Darshan Kumar met and got recorded his statement. He stated that he as well as injured Ashok Kumar and Subhash Chander used to work at M/s Sagar Indian Company, situated in front of Electricity Colony, Bharoli. He further stated that he was going to said firm by riding a bicycle on which Subhash Chander was sitting as a pillion rider. Ashwani Kumar was going ahead and riding a separate bicycle. At about 6.45 a.m. when they reached the turning point at Rajparura, a Qualis vehicle of red colour bearing registration No.HR-26-U-5560 being driven by its driver rashly and negligently came and hit the bicycle of Ashwani Kumar due to which he fell down and received serious injuries on his head and other parts of the body. His bicycle was also broken. The driver of Qualis vehicle tried to flee away, but they caught him. He disclosed his name as Krishan Kumar. Thereafter, he left the vehicle on the spot and fled away. The complainant and Subash Chander managed the vehicle and Ashwani Kumar was got admitted to Ravi Hospital. He further stated that he went to home for giving information and now after returning from there, he was going to the Police Station. He further stated that the accident took place due to rash and negligent driving of the driver of Qualis vehicle and requested for taking action against him.

(3.) On the basis of the statement of complainant Darshan Kumar, FIR No.69 dated 16.5.2010 under Sections 279, 337, 338 and 427 IPC was registered against the petitioner-accused at Police Station, Sadar Pathankot. Statements of witnesses were recorded and site plan of the place of occurrence was prepared. After completion of investigation, challan was presented in the Court. Copy of challan was supplied to the petitioneraccused free of costs as envisaged under Section 207 Cr.PC. Thereafter, the accused was charge-sheeted by the trial Court for the commission of offence under Sections 279, 338 and 427 IPC to which he did not plead guilty and claimed trial.