SHIV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this revision petition is for setting-aside the judgment dtd. 12/8/2016 vide which the petitioner was held guilty for commission of offence punishable under Sec. 304-A read with Sec. 279 of the Indian Penal Code, 1860 (in short 'IPC') and the order of sentence dtd. 12/8/2016 vide which the petitioner was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.2,000.00 and in default of payment of fine to further undergo simple imprisonment for a period of fourteen days as well as the judgment dtd. 1/2/2018 passed by the Lower Appellate Court vide which the appeal preferred by the petitioner, was dismissed.

(2.) Brief facts of the case are that on 31/3/2011, the complainant - Bhupinder Singh along with his father Darshan Singh and cousin brother Tarlochan Singh were going on tractor bearing No.PB-23-B-4926 towards the house of his sister and was sitting on the residue straw of paddy crop (Parali). The tractor was being driven by Tarlochan Singh and his father Darshan Singh was sitting on the right mud guard of the tractor. At about 3.00 p.m, when they reached near defence colony, city near the boundary of village Himayunpur, then one truck which was being driven by its driver at a very high speed came there and struck with the tractor, as a result of which, the tractor lost its control and his father Darshan Singh fell on the road and rear tyres of the truck ran over him due to which the complainant's father sustained serious injuries. He noted down the number of the truck as HR-64- 90634. The truck driver came down when he was looking after his father but later on he fled away from the spot. The accident occurred due to rash and negligent driving of the truck by its driver. On the basis of the above said statement, the present case has been registered against the accused. The investigations were started. During the course of investigation, the accused was arrested and the offending vehicle was taken into possession. After conclusion of the investigation, challan against the accused was presented before the Ilaqa Magistrate.

(3.) After presentation of the challan and on finding a prima facie case under Ss. 279/304-A IPC, the petitioner was charge- sheeted, to which he did not plead guilty and claimed trial.