NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 8.10.2001, rendered by the Court of Additional Sessions Judge, Kapurthala, vide which, it dismissed the appeal against the judgment of conviction and the order of sentence dated 11.7.2000, rendered by the Court of the Chief Judicial Magistrate, Kapurthala, convicting the accused for the offences punishable under Sections 279/337 and 304 -A of the Indian Penal Code and awarding sentence to undergo RI for a period of three month, and to pay a fine of Rs. 100/ -, in default of the payment of fine, to undergo further RI for seven days for the offence punishable under Section 279 IPC; to undergo RI for three months, and to pay a fine of Rs. 100/ -, in default, to further undergo RI for seven days, for the offence under Section 337 IPC, and to undergo RI for one and a half year and to pay a fine of Rs. 900/ -, in default of payment of fine, to further undergo RI for one month, for the offence punishable under Section 304 -A IPC, and at the same time directing that all the substantive sentences shall run concurrently.

(2.) THE facts, in brief, are that on 15.3.1998, Balwinder Singh along with Sukhdev Singh had gone to village Boharwala to fix the marriage of his brother Davinder Singh, on scooter No. HR -21 -5355. In the evening, they were returning from village Boharwala, to their village Johal Thakriwala and the scooter was being ridden by Sukhdev Singh, whereas he was the pillion rider. At about 6.30 pm, when they were at a distance of 1 -1/2 furlongs, ahead of bridge of Bhawanipur, one tractor No. PB -63 -5120 came from the side of Kapurthala. The tractor was being driven rashly and negligently. They were on their correct side of the road. By rash and negligent driving, the tractor struck against their scooter, as a result whereof, both of them fell on the road. They inquired about the name of the tractor driver, and he disclosed his name as Nirmal Singh son of Sadhu Singh, resident of Village Fattu Dhinga. In the meantime, one maruti van came from the side of village Bhawanipur. The driver of that van shifted them to Civil Hospital, Kapurthala. The tractor driver fled from the spot, after leaving the tractor. Sukhdev Singh succumbed to his injuries, in Civil Hospital, Kapurthala. Balwinder Singh, complainant, also received injuries in the said accident. On receipt of information from Civil Hospital, SI Santokh Singh, Police Station Kotwali, Kapurthala, reached the same. He recorded the statement of Balwinder Singh, narrating the aforesaid facts, on the basis whereof the FIR was registered. Thereafter, SI Santokh Singh went to the spot, and took into possession the tractor along -with the registration certificate thereof. The scooter along with the registration certificate, was also taken into possession. Inquest report of the dead body of Sukhdev Singh was prepared. The dead body was sent for postmortem examination. The statements of the witnesses were recorded. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Jagmohan Singh Walia, Photographer, PW1, Constable Gurmej Singh, PW2, Dr. J.S. Wadhwa, PW3, Dr. Gur -Iqbal Singh, PW4, Dr. Gurbachan Singh, PW5, Balwinder Singh, PW6 and Inspector Santokh Singh, PW7. Thereafter, the Additional Public Prosecutor for the State, closed the prosecution evidence.