AMANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present petition is to the judgment dtd. 2/8/2017 passed by the learned Additional Sessions Judge, Bathinda, whereby while dismissing the appeal filed by the petitioner, the judgment of conviction and order of sentence dtd. 29/11/2016 passed by the learned Judicial Magistrate, 1st Class, Bathinda, has been upheld.

(2.) The petitioner was tried for committing the offences under Ss. 279, 304-A, 337 IPC. As per the prosecution, on 1/11/2009, the petitioner while driving an Alto car bearing registration No. PB-3Q-2412, in a rash and negligent manner, had hit the scooter of complainant Parveen Gautam, bearing registration No. HP-36-7677. The complainant's wife and two sons, who were pillion riders in the said scooter, fell down and suffered injuries on their persons. As a result of the serious injuries received by complainant's son Ridham, his condition became critical. He was initially admitted in Civil Hospital, Bathinda, but the Doctors there had referred him to Adesh Hospital. As the condition of the injured still remained critical, he was further referred to Medicity Hospital, Ludhiana. But, while the injured was being taken to the said hospital, he breathed his list on the way.

(3.) On the basis of the evidence led, it stood proved before the learned trial Court that on account of the rash and negligent driving of the petitioner, Ridham, the minor son of the complainant, had received serious injuries and subsequently, he succumbed to the said injuries. However, it was also found that there was no evidence on record to prove that any person other than the deceased had received any injuries in the accident in question. Consequently, the petitioner was convicted under Ss. 304-A and 279 IPC, but acquitted under Sec. 337 IPC. He was, accordingly, sentenced to undergo RI for a period of two years under Sec. 304-A IPC and to pay a fine of Rs.2000.00 and, in default of payment of fine, to further undergo RI for 15 days and to undergo RI for six months under Sec. 279 IPC.