KARTAR SINGH @ ONKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present petition is to the judgment dated 12.5.2016 passed by the learned Additional Sessions Judge, Patiala, whereby while dismissing the appeal filed by the petitioner, the judgment of conviction and order of sentence dated 9.11.2015, passed by the learned Judicial Magistrate, 1st Class, Samana, has been upheld.

(2.) The petitioner was tried for the offences under Sections 279, 304-A of the Indian Penal Code,1860 ('IPC' for short). As per the prosecution, the petitioner, who was driving the truck bearing registration No. PB-10-BC-0573 in a rash and negligent manner, came from the opposite side and struck against the motorcycle driven by Raghbir Singh. After the accident, the accused-petitioner ran away from the spot with his truck. Raghbir Singh was taken to the hospital, but he died on the way. On the statement of complainant Nazar Singh, FIR No. 93 dated 7.9.2011 under Sections 279, 304-A IPC was registered at Police Station Ghagga.

(3.) After completion of investigation and necessary formalities, challan was presented against the petitioner. Charges were framed against the petitioner under Sections 279, 304-A IPC to which he pleaded not guilty and claimed trial.