KANDHARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ASSAILED in this petition is the judgment dated 28.7.1992 passed by Additional Sessions Judge, Patiala dismissing the appeal of Kandhara accused/petitioner (hereinafter referred to as the petitioner) against the judgment dated 23.11.1990 passed by Shri J.R. Singla, Sub-Divisional Judicial Magistrate, Rajpura, convicting him under Section 304-A of the Indian Penal Code (for short IPC) and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs. 1000/- and in default of payment of fine, to undergo further rigorous imprisonment for three months.

(2.) THE factual matrix of the case, which culminated into trial, as unfolded by the prosecution, is that on 4.5.1987, Nishan Singh and his son Jaswinder Singh (since deceased) had gone to village Pehar Kalan for distributing the marriage cards. They were on different bicycles and Jaswinder Singh was going on his left side, followed by Nishan Singh. At about 2.30 p.m., when they reached on Dhakunsu road, a Maruti van bearing registration No. DBB-7580, driven by the petitioner rashly and negligently crossed him, while striking against the bicycle of Jaswinder Singh, as a result of which, he fell down and received head injury. The injured was taken to AP Jain Hospital, Rajpura. Kehar Singh, brother of Nishan Singh, who had also visited the Hospital, also helped him. Due to deteriorating condition of Jaswinder Singh, he was shifted to Rajendra Hospital, Patiala, where he succumbed to his injuries. Consequently, on the statement of Nishan Singh Ex.PB, the present case was registered under Section 304-A IPC.

(3.) ON trial, the prosecution in order to prove its case, examined seven witnesses, namely; Ajit Singh (PW1), Balwant Singh - motor mechanic (PW2), Anoop Kumar - photographer (PW3), Nishan Singh eye-witness (PW4), Kehar Singh (PW5), Dr. Harish Tulli (PW6) and Head Constable Sham Chand (PW7).