JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been preferred by Jaswinder Singh against judgment dated June 9, 2015 passed by the Additional Sessions Judge, Pathankot whereby judgment of conviction and order of sentence dated February 2, 2012 rendered by the Sub Divisional Judicial Magistrate, Pathankot, in case FIR No.70 dated July 7, 2009 under Sections 279 and 304-A IPC, Police Station, Division No.2, Pathankot, has been upheld. The petitioner was convicted and sentenced by the trial court under Section 279 IPC to undergo RI for six months, fine Rs. 500/-, in default of payment of fine, to undergo RI for one month; and under Section 304-A IPC to undergo RI for one year, fine Rs. 2,000/-, in default of payment of fine, to undergo RI for three months.

(2.) Briefly stated, on July 7, 2009, ASI Anil Kumar alongwith other police officials was present at Housing Board Colony, Dhangu Road, Pathankot, where complainant Arun Kumar came and got recorded his statement to the effect that he is working as Naik in 13 JAK Rifles, Mamoon Cantt. On July 7, 2009, at about 11:45 AM, he alongwith his wife Renu Bala, his son Ketan (aged about 3 years) and daughter Anshu (aged about 6 years) was going from defence colony towards Military Hospital, Pathankot, on his Activa scooter bearing No.PB-35-K-8304. When they went 100 yards ahead of CIA chowk, a truck bearing No.RJ-31-G-3647, being driven at a very high speed in rash and negligent manner, came and struck against his scooter, as a result of which, he and his wife fell on the left side and his son Ketan & daughter Anshu fell on the right side. Thereafter, the truck went over their bodies. His son Ketan died on the spot and daughter Anshu died on her way to Military Hospital. Truck driver ran away from the spot leaving behind the vehicle.

(3.) After completion of investigation, challan against the accused was presented in the court of jurisdictional Magistrate. He was supplied the copies of police report and other documents appended therewith as required under Section 207 Cr.P.C. Finding a prima facie case against the accused, he was charge-sheeted under Sections 279, 304-A IPC, to which, he claimed not guilty and claimed trial.