(1.) The petitioner has preferred this petition being aggrieved of the judgment dated 17.3.2011, passed by Additional Sessions Judge, Sri Muktsar Sahib, vide which the appeal filed by him, challenging the judgment of conviction and order of sentence dated 28.7.2010, passed by Sub Divisional Judicial Magistrate, Gidderbaha in case FIR No. 231 dated 13.12.2004 under Sections 304-A, 427, 279, 337, 338 IPC, registered at Police Station Lambi, was dismissed.
(2.) As per the prosecution case, on 13.12.2004, complainant Vijay Kumar had got recorded his statement that on 12.12.2004, at 12.00 noon, he was going on his scooter bearing registration No. HR-25A-6352 and Sandeep Kumar was riding on the pillion seat whereas Shalinder Kumar was following them on his motorcycle bearing registration No. HR-25-2275. At about 12.30 P.M., when they reached near village Bhagu, a white colour car with registration number UP-16E-1605 being driven by a clean-shaven person at a high speed and in negligent manner, came from the opposite side and collided with the scooter and due to the impact, he along with Sandeep Kumar fell on the road. The car also collided with the motorcycle and Shalinder Kumar also fell on the road. They all received injuries but injuries on the person of Sandeep Kumar were serious and ultimately he succumbed to 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.