RAM KUWAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has preferred this petition being aggrieved of the judgment dated 13.2.2009, passed by Additional Sessions Judge, Patiala, vide which the appeal filed by him, challenging the judgment of conviction and order of sentence dated 28.1.2008, passed by Judicial Magistrate Ist Class, Samana in case FIR No. 100 dated 13.5.2004 under Sections 279, 338, 427 and 304-A IPC, registered at Police Station Patran, was dismissed.

(2.) As per the prosecution case, on 13.5.2004, complainant Bahadar Singh had got recorded his statement that on 10.5.2004, at about 4.15 P.M., he was going to his house from Maharaja Palace. Mewa Singh was going to his village from the side of Bus Stand, Patran on his motor cycle bearing registration No. PB-11A-5014. Meanwhile, a bus of Haryana Roadways, Jind bearing registration No. HR-56-2461 came from the back side at a high speed and in a rash and negligent manner and struck against the rear side of his motor cycle. As a result of this, Mewa Singh fell down on the road and had received injuries on his head. The bus driver fled away from the spot along with the bus. Faryad Singh son of Gurmej Singh had also witnessed the occurrence. They both brought Mewa Singh to Durga Hospital Patran from where the injured was referred to Rajindra hospital, Patiala after giving the first aid. Because of the serious condition of the injured, he was referred to PGI, Chandigarh from Rajindra Hospital, Patiala, where Mewa Singh succumbed to his injuries. On the basis of the statement of the complainant, the FIR in question was registered.

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