JATINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present crl. revision petition has been filed against the judgment of conviction and order of sentence recorded by the Courts below.

(2.) Vide order dated 28.10.2013 passed by the Judicial Magistrate Ist Class, Fatehgarh Sahib, petitioner was convicted under Sections 279, 337, 304-A IPC and was sentenced to undergo rigorous imprisonment for a period of 2 years and to pay fine of Rs.3,000/- under Section 304 IPC, rigorous imprisonment for a period of 6 months and to pay fine of Rs.1,000/- under Section 337 IPC and to pay fine of Rs.1,000/- under Section 279 IPC. The default clauses were also made in the event of non-payment of fines. In the event of non-payment of fine under Section 304-A IPC, petitioner was to further undergo rigorous imprisonment for a period of 3 months. Similarly in event of non-payment of fine under Section 337 IPC, he was to further undergo rigorous imprisonment for a period of 1 month and similarly in the event of non-payment of fine under Section 279 IPC, he was to undergo rigorous imprisonment for a period of one month. All the sentences were ordered to run concurrently.

(3.) Brief facts are that a vehicular accident in question took place on 26.10.2010 at about 11.30 a.m., in which Bhupinder Singh died. Two other persons namely Sandeep Singh and Basta Singh were injured. The police swung into action on receipt of two medical ruqas from Medical Officer, Khamanon with regard to admission of injured Sandeep Singh and Basta Singh as well as with regard to death of Bhupinder Singh. Statement of Sandeep Singh was recorded, who stated that on 26.10.2010, he and his father Bhupinder Singh were going on motor cycle to Khamanon from their village for distributing wedding cards. Sandeep Singh was driving the motorcylce and his father Bhupinder Singh was pillon rider. When they reached half a kilometre ahead of village Mansurpur at about 11.30 a.m., one tempo came from the side of Khamanon. One motorcyclist was also driving the motorcycle in a rash and negligent manner. That motorcyclist while overtaking the said tempo, struck in the motorcycle of the complainant. Due to the impact, the father of complainant fell down and his left arm was fractured. Father of the complainant received multiple injuries and became unconscious. The complainant also received injuries. Due to the collision, driver of the offending vehicle as well as pillion rider also fell down. Driver of offending vehicle was Jatinder Singh and pillion rider was identified as Basta Singh. The injured were hospitalized by the witnesses. Father of complainant succumbed to his injuries on the way. The police filed the challan against the petitioner. Petitioner was chargesheeted for the offences under Sections 279, 337, 304-A IPC.