SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision has been directed against the judgment/order of sentence dated 28.1.1995 rendered by the Court of learned Sub Divisional Judicial Magistrate, Balachaur whereby he convicted and sentenced the accused Satnam Singh to undergo rigorous imprisonment for six months under Section 304-A of I.P.C. and rigorous imprisonment for six months under Section 279 of IPC with a direction that both the sentences shall run concurrently.

(2.) THE facts in brief of the prosecution case are that Gurdeep Singh son of Darshan Singh, resident of Village Khemowal, Police Station Nawanshahr, made statement before ASI Jarnail Singh, stating therein that on 1.8.1992 at about 2.30 P.M., he along with Kesar Singh son of Diwan Singh, was carrying a buffalo in his tractor trolly to Village Majra Jattan. When they covered a distance of about 1-1/4 km. from Mutton Bridge towards Kathgarh, they saw Bikkar Singh son of Mela Ram going ahead of them on his bicycle. In the meanwhile, a truck bearing registration No. DLIG-1073 being driven rashly, negligently and without blowing horn by accused Satnam Singh came from the opposite direction, i.e. from Ropar side and struck against the bicycle of Bikkar Singh, who was going on the left side of the road. As a result of the impact, Bikkar Singh fell down in the nearby ditches on the left side and he died at the spot. ASI Jarnail Singh having made his endorsement under the above mentioned statement, sent the same to the Police Station, where on its basis, formal FIR was recorded. The aforesaid ASI visited the spot and prepared the rough site-plan showing the place of accident.

(3.) THE accused was charged under Section 279/304-A of IPC to which he did not plead guilty and claimed trial.