GIAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 19.01.2007 rendered in appeal by learned Additional Sessions Judge (Adhoc), Fast Track Court, Ludhiana, whereby judgment of conviction dated 12.09.2005 recorded by the Court of Judicial Magistrate 1st Class, Ludhiana and order of sentence of the even date were maintained. Revisionist/petitioner was held guilty under Ss. 279, 304 -A and 427 of Indian Penal Code (for short 'IPC'). Vide order of sentence, he was sentenced to undergo RI for 3 months for committing offence punishable under Sec. 279 IPC; to undergo RI for 1 year for committing offence punishable under Sec. 304 -A IPC; to pay a fine of Rs. 500/ - for committing offence punishable under Sec. 427 IPC. In default of payment of fine to further undergo simple imprisonment for 7 days.

(2.) Brief facts of the case are like this; that on the statement of Dilbar Singh S/o. Puran Singh recorded by the police on 10.04.1998, this case was registered. As per complainant, he and his brother Malkiat Singh (deceased) were going to see their sister who was residing in village Kaddon, Tehsil Payal, on their respective scooters. His brother was ahead of him on scooter No. PB -10Z -688. When Malkiat Singh was near crossing of village Sahni, the offending truck No. PB -23 -4288 came from Ludhiana side, being driven by its driver rashly and negligently and at a high speed, without blowing any horn, he turned the truck towards right side of the crossing which hit the scooter of Malkiat Singh. As a result of this accident, Malkiat Singh fell down and suffered multiple injuries. The aforesaid truck dragged the scooter of Malkiat Singh on the other side. Scooter was badly damaged. Truck driver came to the complainant and disclosed his name as Gian Chand son of Sham Singh. Complainant took his brother Malkiat Singh to Mohan Dai Oswal Hospital, Ludhiana, for treatment. As per complainant, this accident had taken place on account of rash and negligent driving of the driver of the truck.

(3.) On 09.04.1998 police sought opinion of the doctor regarding fitness of Malkiat Singh to make statement, whereupon, doctor opined that he was unfit for making any statement. On 10.04.1998, as well the police sought opinion of the doctor by moving application Ex. PW6/B as to if Malkiat Singh was fit to make statement, whereupon, doctor gave his opinion Ex. PW7/B that he was unfit for making any statement. Again on 13.04.1998, doctor opined that the patient was not fit to give statement. Even on 14.04.1998, the same opinion was given by the doctor. Malkiat Singh died on 16.04.1998, thereafter, inquest report Ex. PE was prepared. Dead body of Malkiat Singh was got post -mortemed. Post -mortem report is Ex. PW8/A. Injury report is Ex. PW9/A. Site plan of the place of occurrence was prepared. Photographs of the scooters were obtained. Accused alongwith truck in question were produced before police by Surinder Pal S/o. Hans Raj on 11.04.1998. Accused was arrested. The aforesaid scooter alongwith photostat copy of the registration certificate (R.C.) which was lying in the scooter itself were taken into police possession. Truck in question alongwith registration book, photocopy of the route permit and driving licence (D.L.) were taken into possession vide memo Ex. PB. Photos and negatives were taken into possession vide memo Ex. PA, on 22.04.1998. Statements of witnesses were recorded. After completion of necessary investigations, the challan against the accused was put in the Court.