AMRITPAL SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition filed under Section 482 Cr.PC is for quashing of the FIR No.66, dated 14.08.2011, under Sections 279/304-A, IPC, registered at Police Station Behram, District Shaheed Bhagat Singh Nagar (Annexure P-1), and all other subsequent proceedings arising therefrom including the judgment of conviction and order of sentence dated 20.01.2015 passed by the trial Court, whereby the accused-petitioner was convicted for the offence punishable under Sections 279/304-A IPC, on the basis of compromise dated 01.01.2015(Annexures P-2 Colly).

(2.) Briefly stated, on 14.08.2011 PW-1 Mukesh Kumar has made a statement to the effect that at about 2:45 p.m. he and and his brother, deceased-Yogesh Kumar, after meeting their in-laws started for their village Harjiana. The deceased was on his Honda Activa bearing no.PB- 37-F-9612 (the scooter) and PW1 Mukesh Kumar was riding behind him on his motor cycle bearing no.PB-24-5807. When they arrived from Noorpur at a turn on the Noorpur-Chak Bilgan road, a mini bus bearing no.PB-32F-9197(the bus) coming from Chak Bilgan i.e. the opposite direction being driven by the accused at a high speed made a sharp turn. Seeing this, the deceased took down the scooter on the kacha portion of his side of the road. However, the driver of the bus brought the bus towards the wrong side i.e. deceased's side of the road and hit the deceased on the right part of the scooter. As a result of this collusion, the deceased fell down and tyres of the bus ran over his head resulting in his death at the spot. PW1 Mukesh Kumar attributed the cause of accident and death of the deceased to rash and negligent driving of the bus by coming onto the wrong side of the road. The bus driver came at the scene and disclosed his name as Amritpal Singh(accused-petitioner), but later fled the spot.

(3.) Upon finding a prima facie case offence punishable under Sections 279/304A IPC charges were framed against the accused to which he pleaded not guilty and claimed trial.