HARTEJ SINGH ALIAS TEJENDRA SINGH Vs. UNION TERRITORY

JUDGEMENT

(1.) THIS revision-petition is directed against the judgment dated 04. 09. 2001, rendered by the Court of Additional Sessions Judge, Chandigarh, vide which it dismissed the appeal against the judgment of conviction and the order of sentence dated 02. 12. 1998 rendered by the court of Chief Judicial Magistrate, chandigarh, convicting the accused for the offence, punishable under Sections 279 and 304-A of the Indian Penal Code and awarding sentence to him, for various terms of imprisonment.

(2.) THE facts, in brief, are that on 14. 10. 1991, Manjit Singh, resident of House no. 910, Sector 43, Chandigarh, was going to meet his friend Manohar Singh, near light point Aroma, Hotel, Chandigarh and when he along with Naunihal Singh Bedi reached in front of Shere Punjab Tent House, SCO no. 2416 Sector 22-C, Chandigarh, a Maruti van bearing registration No. CH-01-D/9023 was seen coming from the side of Aroma light point, being driven in a rash and negligent manner, without blowing horn, by the accused. At that time, a maruti car bearing registration No. CHK-198, was also seen coming from the same side. The driver of the aforesaid van attempted to overtake the car, in question. In that process, the van came to the right side of the road, and hit the scooter bearing registration No. CHT-4808, which was coming from Sector 35, chandigarh, being ridden by Manohar singh, the pillion rider whereof was amandeep Singh. As a result of the accident, the rider and the pillion rider fell down on the pavement and sustained injuries. Manohar Singh became unconscious at the spot. At that time, many persons gathered at the spot. In the meanwhile, the Police also reached there. Ultimately Manohar Singh died.

(3.) MANJIT Singh, made a statement before the Police, on the basis whereof, the FIR was registered. The statements of the witnesses were recorded. The accused was arrested. After the completion of investigation, the accused was challaned.