SUKHDEV SINGH @ MAKHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused petitioner (hereinafter referred to as the 'petitioner') was slapped with the sentence of one and a half years and to pay a fine of Rs. 1000/- under Section 304-A IPC and he was also sentenced to undergo RI for 4 months and to pay a fine of Rs. 500/- under Section 279 IPC for causing death of Rajesh Kumar and causing injuries to Sukhdev by his rash and negligent act. The appeal preferred by him was dismissed. Hence this petition.

(2.) FACTUAL matrix of the case is that on 14.11.1995, Vipin Kumar was going from Jalandhar to Nakodar on scooter. Rajesh Kumar and Sukhdev Singh were going on another scooter ahead of him. At about 7.45 PM when they reached near St. Judes Convent School, Nakodar accused while driving the scooter rashly and negligently came from the opposite side and rammed into the scooter of Rajesh Kumar rendering both Rajesh Kumar and Sukhdev Singh injured. Ultimately, Rajesh Kumar died at DMC Hospital, Ludhiana. On the statement of Vipin Kumar(PW2) FIR was registered under sections 279, 337, 338 and 427 IPC. The investigation commenced; later on the death of Rakesh Kumar offence was converted under Section 304 A IPC; Inquest report PE was prepared by ASI Gopal Singh at DMC Hospital, Ludhiana. He recorded the statements of the witnesses; prepared the site plan; got the vehicle mechanically examined and on completion of investigation, challan against the accused was presented in the Court. The petitioner denied the charges and opted for trial.

(3.) THE accused in his statement under Section 313 refuted all the allegations as levelled against him during evidence, however, he did not lead any evidence in defence. Ultimately, the trial ended in conviction. His appeal was also dismissed.