TARA CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has arisen out of the judgment dated 09.08.2016 passed by the Additional Sessions Judge, Ludhiana, vide which the appeal filed by the petitioner, challenging the judgment of conviction and order of sentence dated 12.10.2015, passed by the Judicial Magistrate Ist Class, Ludhiana, in case FIR No. 20 dated 19.01.2011 under Sections 304-A, 279, 337, 427 of the Indian Penal Code (for short 'IPC'), registered at Police Station Focal Point, Ludhiana, was dismissed. Brief facts of the present case are that Jasbir Singh recorded his statement to the effect that on 19.01.2011 at about 12:30 p.m., he along with Tilak Raj were going on a motorcycle bearing registration No. PB-10CN-4130, make Hero Honda Splender. Tilak Raj was driving the motorcycle at a normal speed and complainant was a pillion rider. When they were 100 metres short of transport cut, towards Sherpur, a truck bearing No. JK-02AC-6081 came in a rash and negligent manner without blowing horn, struck into their motorcycle and due to this, their motorcycle fell down on the road and the said truck dragged their motorcycle along with the complainant and Tilak Raj. Tilak Raj had received grievous injuries on his head and complainant got him admitted to the Cancer Hospital, where he died. The truck driver left the truck and fled away from the spot and later he came to know about his name as Tara Chand. Charges were framed against the petitioner under Sections 279, 304A, 337 IPC to which he pleaded not guilty and claimed trial.

(2.) In order to prove its case, the prosecution had examined, as many as six witnesses including complainant-Jasbir Singh as PW-4 and Sohan Singh, Medical Record Clerk, Mohan Dhai Oswal Cancer Hospital, Ludiana as PW-6.

(3.) After taking into consideration the evidence on record, the learned Judicial Magistrate Ist Class, Ludhiana had drawn the conclusion that petitioner was challened under Section 337 of IPC for causing injuries to the complainant-Jasbir Singh, but no medical record to that effect was produced by the prosecution. Even Jasbir Singh, who stepped into the witness box as PW-4, had not supported the case of the prosecution. Accordingly, the trial court acquitted the petitioner of the charges under Section 337, IPC. However, the petitioner was convicted under Sections 279 and 304-A, IPC and vide order dated 12.10.2015 was sentenced as under:-