SANSAR SINGH Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) This is Criminal Revision filed by Sansar Singh-petitioner herein whereby he has challenged the order dt. 23-12-1998 of Additional Sessions Judge, Chandigarh dismissing his appeal against the order of Judicial Magistrate Ist Class, Chandigarh dated 19-7-1995 whereby he was convicted and sentenced to undergo R.I.for one year and to pay a fine of Rs. 200/- u/S.304-A, IPC and to undergo R.I.for three months under S.279, IPC.

(2.) The prosecution case in brief is that on 17-9-89 at about 4-15 p.m. one Surjit Singh was coming on his motor-cycle No. DHY-7523 from Mohali to Chandigarh. Accused Sansar Singh was driving truck No. PBW-2543. He came with his truck from the side of Mataur Barrier driving rashly and negligently on the road dividing Sectors 45 and 46. When he reached the roundabout near the Mataur Barrier, he banged his truck into Surjit Singh. As a result of the impact, Surjit Singh fell on the road. He suffered serious injuries. Injured Surjit Singh was removed to PGI, where he died. Accident was witnessed by Constable Vajinder Singh and one Gurbax Singh case FIR No. 201 was registered at P.S.South, Chandigarh under Ss. 279 and 304-A, IPC.Case was investigated. After investigation, the accused was challaned. Accused was charged under Ss.279, 304-A, IPC.He pleaded not guilty to the charge and claimed trial.

(3.) On the conclusion of the trial, Judicial Magistrate, Ist Class, Chandigarh found the charge under S.279/304-A proved against the accused. He accordingly convicted him thereunder vide order dated 19-7-1995. Vide order of the even date, he sentenced him to undergo R.I.for three months under S.279, IPC.He sentenced him to undergo R.I.for one year and to pay a fine of Rs. 200/- under S.304-A, IPC.In default of payment of fine, he ordered him to undergo R.I.for three weeks. Sentences were ordered to run concurrently.