LABH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present criminal revision is filed against the judgment dated 12.09.2016, passed by Sessions Judge, Shaheed Bhagat Singh Nagar, vide which the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 18.07.2016 passed by Judicial Magistrate Ist Class, Shaheed Bhagat Singh Nagar, in FIR No. 39 dated 22.05.2011, under Sections 283, 337, 338 and 304-A of IPC, Police Station Behram, was partly allowed to the extent of reducing the substantive sentence imposed upon the petitioner under Section 304-A, IPC to one year.

(2.) Brief facts of the present case are that three persons namely, Charanjit Kainth, Ajay Singh and Sanjeev Kumar were riding on a motorcycle bearing No. PB-70-9144 make Bajaj Discover. At 11.00 p.m, when they reached petrol pump near Village Burge Kandali, a truck bearing No. PB-03J-2566 was parked on the highway without the flashers on. Due to this, the motorcycle collided with the offending truck and all the three persons received severe injuries. The injured were shifted to Civil Hospital, Banga by Rajnish Kumar and Mehar Chand after arranging the ambulance. Injured-Charanjit Kainth and Ajay Singh succumbed to their injuries on the way to the hospital, whereas Sanjeev Kumar was admitted in the hospital for treatment. The accident took place due to negligent parking of the truck. Petitioner-Labh Singh, Driver of the truck was tried for the offences under Sections 283, 337, 338 and 304-A IPC. Taking into consideration the evidence on record, petitioner-Labh Singh was convicted and sentenced by the learned trial court, vide judgment and order dated 18.07.2016 as under:-

(3.) All the sentences were ordered to run concurrently.