PARDEEP SHARMA Vs. U T CHANDIGARH

JUDGEMENT

(1.) Petitioner-Pardeep Sharma assails judgment dated 26.2.2018 passed by learned Sessions Judge, Chandigarh, whereby an appeal filed by the petitioner challenging his conviction as recorded by learned Judicial Magistrate 1st Class, Chandigarh vide his judgment dated 6.12.2016 for offences under Sections 279 and 304-A IPC has been dismissed.

(2.) The prosecution story, in nutshell, is that on 14.10.2010 when Constable Pawan Kumar was on beat duty in Grain Market, Sector 26, Chandigarh, he saw a person wearing helmet park his scooter on the paved parking and while he was crossing the road after parking his scooter, a truck bearing registration No.HP-62-A-5673 came from the side of Police Lines gate No.1 towards Bapu Dham Colony at a high speed and which was being driven in a rash and negligent manner and the said truck hit against the person crossing the road and as a result of which the said person fell down. The truck driver sped away from the spot with his truck. The injured was taken to hospital but the injured succumbed to his injuries. The FIR.came to be lodged on the basis of statement of Constable Pawan Kumar.

(3.) After conclusion of investigation, challan was presented and charges were framed against the accused. The prosecution examined PW-1 Constable Pawan Kumar, complainant; PW-2 ASI Parkash who had mechanically examined the offending truck; PW-3 Ganesh Singh, relative of deceased who had identified the dead body; PW-4 Tirlok Singh, another relative of the deceased who had also identified the dead body; PW-5 HC Balbir Singh, MMHC; PW-6 Rajesh Pal, official of the Registering and Licencing Authority, Chandigarh; PW-7 Sanjay Kumar, dealing Assistant State Transport Authority, Shimla; PW-8 SI Parmal Singh, Investigating Officer; PW-8 (wrongly numbered) Dr. Parijat, EMO, who had conducted Post Mortem examination; PW-9 HC Rajesh Kumar, Photographer and PW-10 Tej Singh, owner of the offending truck.