JARNAIL SINGH @ BITTU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present petition is to the judgment dated 18.12.2018 passed by the learned Sessions Judge, Jalandhar, whereby while dismissing the appeal filed by the petitioner, the judgment of conviction and order of sentence dated 24.05.2018 passed by the learned Judicial Magistrate, 1st Class, Jalandhar, has been upheld.

(2.) The petitioner was tried for committing the offences under Sections 279, 304-A, 427 IPC. As per the prosecution, on 16.04.2016 at about 9.00 a.m., when the complainant-Ghansham Kumar Yadav, was going to his work on his bicycle from Kapurthala chowk towards Maqsudan chowk and ahead of him, his sister's husband Surinder Yadav was also going on his bicycle; that when they reached workshop chowk, a tipper bearing registration No.PB-07-BG-Temp-9846 being driven by Jarnail Singh (petitioner) in a rash and negligent manner, came from behind at a very fast speed and struck against the bicycle of Surinder Yadav, due to which Surinder Yadav died at the spot. On the basis of the statement of the complainant, FIR in this case was registered.

(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, death of Surinder Yadav, took place. Consequently, the petitioner was convicted under Sections 304-A and 279 IPC, but acquitted under Section 427 IPC. He was, accordingly, sentenced to undergo RI for a period one year under Section 304-A IPC and to pay a fine of Rs.1500/- and, in default of payment of fine, to further undergo simple imprisonment for 15 days and to undergo RI for six months under Section 279 IPC and to pay a fine of Rs.500/- and, in default of payment of fine, to further undergo simple imprisonment for 15 days.