SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of a Criminal Revision Petition filed against the judgment dtd. 27/7/20 passed by the Learned Sessions Judge, Fatehgarh Sahib (for brevity, "Appellate Court") by which an appeal filed by the petitioner/accused (for brevity, "accused") against the judgment of conviction dtd. 4/6/2009 and an order of sentence of that very date, passed by Learned Chief Judicial Magistrate, Fatehgarh Sahib, arising out of an FIR No.50 dtd. 23/6/2002 under Sec. 279, 338, 427 & 304A of the Indian Penal Code, 1860 (for brevity, '1860 Code'), registered at Police Station Khamanon, was dismissed.

(2.) As per the prosecution case on 23/6/2002, PW-9 ASI Rajwant Singh with other police officials was present in the area of Village Sanghol falling in territorial jurisdiction of Police Station Khamanon for patrolling etc. There, PW-1 Gurcharan Singh s/o Sh.Atma Singh, resident of House No.38, Khukrain Colony, Anaz Mandi, Khanna, met him and got recorded his statement PW1/A. After true translation into English, said statement is reproduced as under:

(3.) On the basis of the said statement, above-mentioned FIR was registered at Police Station Khamanon. Investigation was set into motion. PW9 ASI Rajwant Singh etc. reached the spot. It was inspected. Its photographs were taken. Its rough site-plan was prepared. Post-mortem on dead body of the deceased Gurmeet Singh was got conducted from Civil Hospital, Bassi Pathana, whereafter, his dead body was handed over to his legal heirs. Post-mortem report was obtained. Treatment record of injured Hardeep Kaur was collected. Registration certificate of scooter No.PH26A-3152 was taken in police possession. Driving licence of the deceased Gurmeet Singh was not found at the spot despite search. Tata Sumo as well as its registration certificate were taken into police possession through a recovery memo. On 27/6/2002, driver of the Tata Sumo vehicle namely Sukhdev Singh s/o Sh.Makhan Singh r/o Loco Shed, Ferozepur Cantt., was arrested as accused of the present case and was released on bail. Mechanical examination of the accidental vehicles were got conducted. On conclusion of investigation, final report under Sec. 173 of the Code of Criminal Procedure, 1973 (for brevity, '1973 Code') was prepared on 26/8/2002. It was then presented before the concerned Magistrate.