MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the judgment dated February 16, 1996, passed by the Additional Sessions Judge, Amritsar, whereby conviction and sentence of the petitioner for an offence under Section 304-A Indian Penal Code, recorded by the Judicial Magistrate, Amritsar, by his judgment/order dated October 27,1994, has been confirmed. The petitioner has been sentenced to undergo rigorous imprisonment for 1 Vi years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months.

(2.) ACCORDING to the prosecution, the deceased Smt. Rama Rani was a Police Constable. On April 26, 1990 she was deputed on official duty near Darbar Sahib, Amritsar, which was to be over by 11. 00 a. m. Her mother-in-law, Smt. Sushila Bedi, after paying obeisance to Darbar Sahib, went to Rama Rani. After the duty was over, Smt. Sushila Bedi along with deceased Rama Rani boarded a rickshaw driven by one Hira Lal. When the rickshaw reached near the petrol pump of Bijli Pahlwan, truck No. PCA-4569, being driven by the petitioner, came from behind at a high speed and hit the rickshaw, as a result of which Smt. Sushila Bedi fell down on the left side whereas deceased Rama Rani fell down on the right hand side and was run over by the said truck and as a consequence thereof she died at the spot. The truck was stopped at a distance and the driver ran away while leaving the truck there.

(3.) A charge under Section 304-A, Indian Penal Code, was framed against the petitioner which he denied and claimed trial. In support of its case, the prosecution examined 11 witnesses. In his statement under Section 313 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), the petitioner denied the allegations of the prosecution and pleaded false implication. He examined two witnesses in his defence.