GURWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant petition under section 401 of the Code of Criminal Procedure, the petitioner has assailed the legality of judgments dated 10.6.2016 of Sub Divisional Judicial Magistrate, Khamanon and dated 07.04.2017 passed by Additional Sessions Judge, Fathegarh Sahib, convicting and sentencing him under Sections 279/337/304-A IPC in the following terms:

(2.) The prosecution case, in brief, is that, on receipt of a medical ruqa from the Civil Hospital Khamanon with regard to admission of a dead body, the police party swung into action and reached the hospital, where Vinod Kumar complainant met them and got his statement recorded that he is resident of village Kot Ise Khan and is an agriculturist by profession. A vehicle, known as "Chhotta Hathi, bearing No. PB-08BH-9463 owned by them, was registered with the Union of Kot Ise Khan. On the day of occurrence, his brother Raj Kumar along with two other persons, namely, Manpreet Singh and Baljit Singh after loading iron faras in the said vehicle, proceeded towards Morinda, while he was in a car behind the said vehicle. It was around 6.00 a.m., when his brother was crossing the G.T.Road, Khamanon, one vehicle, make TATA-407 bearing registration No.PB-10CF-5057, being driven in a high speed with rash and negligent manner, came from the side of Morinda and struck against the front side of the vehicle of his brother in the right side. On account of this collision, the vehicle of his brother revolved and turned towards Khamanon and TATA- 407 also turned turtle on the right side of the kacha rasta. His brother succumbed to the injuries at the spot received in this accident, whereas the aforementioned two persons, namely, Manpreet Singh and Baljit Singh also suffered injuries. They were got admitted in the Civil Hospital, Khamanon. He also reached there. The doctor attending the injured, after giving first aid referred them to Government Medical College and Hospital, Sector 32, Chandigarh. The driver of vehicle TATA-407 ran away from the spot, but he can identify him.

(3.) On the basis of above statement, FIR was registered. The police, after completion of all necessary formalities, presented a final report under Section 173, Code of Criminal Procedure, before the trial court.