STATE OF PUNJAB Vs. KAMALJIT SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the State of Punjab, for enhancement of sentence, against the judgment dated 26. 05. 1993, rendered by the court of Judicial Magistrate 1st Class, sangrur, vide which it convicted the accused (now respondent), for the offence, punishable under Sections 279 and 304-A of the indian Penal Code, but released him on probate on of good conduct. .

(2.) THE facts, in brief, are that on 11. 07. 1988 Kishan Chand and his younger brother, Vijay Kumar, were going on Harerri road on separate cycles, and when they reached near the Flour Mill, a truck bear ing registration No. PUR-7171, being driven, rashly or negligently, by Kamaljit Singh, accused, resident of Harerri, came and struck against the cycle, which was being ridden by Vijay Kumar, as a result whereof, he sustained injuries and died at the spot. The driver of the truck, ran away with the truck. On the basis of statement Ex. PB, made by kishan Chand, first informant, FIR Ex. PB/1 was registered. 2-A. Ujjagar Singh, Inspector, prepared the inquest report of the dead body of Vijay kumar. The post-mortem of the dead body of Vijay Kumar was got conducted. Site plan ex. PJ was prepared. Cycle Ex. P1 and Milk drums Ex. P2 to P4 were taken into possess on vide recovery memo Ex. PC. On 15. 07. 1988, the truck, Registration Certificate , driving licence, and route permit, were also taken into possession vide separate recovery memos Ex. PD,pe,pf and PG respect ively. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) ON his appearance, in the Court, the accused was supplied the copies of documents, relied upon by the prosecution. Charge under Sections 279 and 304-A of the indian Penal Code, was framed against the accused, to which he pleaded not guilty and claimed judicial trial.