BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this revision, only notice regarding sentence was issued.

(2.) The petitioner was convicted under section 304-A, Indian Penal Code, and was sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 2000/- in default of payment of fine further rigorous imprisonment for three months; and was further convicted to undergo rigorous imprisonment for three months and a fine of Rs. 500/- in default of payment of fine to further undergo rigorous imprisonment for one month under section 337. Indian Penal Code, by Judicial Magistrate 1st Class, Ludhiana, vide his order dated September 5, 1986. His appeal was dismissed by Additional Sessions Judge Ludhiana, vide order dated September 7, 1987.

(3.) The prosecution case is that on January 5, 1984, Raj Kumar deceased was going on a scooter with his motherTs brother Pritam Singh, sitting on the pillion on G.T.I. College Road, Ludhiana. At about 11 a.m., when they reached near Geetanjali Road truck No. PUI-1217, driven by the petitioner struck against the aforesaid scooter. The truck came from the back side and while overtaking the scooter had struck. It was being driven rashly and negligently by the petitioner. As a result of the impact Pritam Singh was thrown away on the left side and Raj Kumar fell on the right side and was run over under the wheel of the truck. Raj Kumar died at the spot. The truck was stopped at a short distance ahead of the accident. Malkiat Singh P,W, had also seen the occurrence as be had reached the place of accident on a cycle. After leaving Malkiat Singh at the spot to guard the dead body of Raj Kumar, Pritam Singh left for the police station to lodge the report A.S.I. Hardev Singh met him and recorded his statement Exhibit P.W. 7/1. On the basis of this statement F.I.R. under sections 304-A/337, Indian Penal Code was registered in Police Station Division No.6 Ludhiana at 12,50 p.m. on the same day. The truck and the scooter involved in the accident were taken into possession and site plan of the place of accident was also prepared by the A.S.I. Hardev Singh.