GURJIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the present revision petition against the judgment dated 23.01.2018 passed by learned Additional Sessions Judge, Gurdaspur whereby his appeal against the judgment of conviction and order of sentence dated 23.02.2017 passed by learned Judicial Magistrate 1st Class, Batala, was dismissed.

(2.) Briefly stated, FIR No.102 dated 01.09.2011 under Sections 279 and 304-A IPC was registered against the petitioner-accused at Police Station Sri Hargobindpur with the allegations that on 01.09.2011, complainant Palwinder Singh made a statement before the police that at about 11.00 A.M., his minor daughters, namely, Muskan Kaur, aged about 5 years and Simranjit Kaur aged about 2 years were going towards Haveli along with mother of the complainant, namely, Nirmal Kaur. The complainant was about 25-26 Karams behind them. In the meantime, a tractor make Ford-3600, blue-white coloured, being driven by petitioner-accused Gurjit Singh, came from the side of village Phirni and turned immediately at a high speed. Resultantly, the agricultural equipment fixed at the back of the tractor struck against his daughter, namely, Simranjit Kaur and she fell down. Accused Gurjit Singh fled away from the spot along with the tractor. The complainant took her daughter to the hospital, but she succumbed to her injuries.

(3.) The investigation was conducted by the police. Rough site plan was prepared. The petitioner-accused was arrested and produced in the Court. Statements of witnesses were recorded and after completion of investigation, Challan was filed in the Court.