JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried for committing the offences under Sections 283, 337, 338 and 304-A IPC. Vide judgment and order dated 14.10.2011 passed by the learned Sub Divisional Judicial Magistrate, Balachaur, SBS Nagar, while acquitting the petitioner of the charges under Section 337 and 338 IPC, found him guilty for the offences under Sections 283 and 304-A IPC and sentenced to undergo RI for one year under Section 304-A IPC and to pay a fine of Rs.1,000/- and, in default of payment of fine, to further undergo imprisonment for one week, whereas under Section 283 IPC, the petitioner was sentenced to pay a fine of Rs.200/- only and, in default of payment of fine to further undergo imprisonment for one day.

(2.) Aggrieved there-against, the petitioner filed an appeal before the learned Sessions Judge, SBS, Nagar. However, vide judgment dated 17.4.2012, the learned Sessions Judge, dismissed the appeal filed by the petitioner, thereby affirming the judgment and order passed by the learned trial Magistrate.

(3.) As would emerge from the facts of the case, the FIR in this case was registered on the statement of complainant-Ashok Kumar, stating therein that he had been working as a driver of canter bearing Registration No. PB-090G-9609 belonging to Choice Agro Private Limited, Kapurthala, for the five years past; that on the night of 8.11.2008, when he along with the Cleaner Varinder Kumar, was coming from Kapurthala, then at about 2.00 a.m., in the area of village Jadli, a truck canter bearing Registration No. HR-01-GA-0669 going ahead of them, had suddenly stopped due to which the canter being driven by the complainant struck with the said truck from the rear side; that as a result of the accident, he had suffered multiple injuries; that Varinder Kumar also suffered serious injuries and he died on the spot itself; the complainant was got admitted in the Civil Hospital, Nawanshar; that post mortem of Varinder Kumar was conducted and that the Investigating Officer reached the spot and had also taken both the vehicles into his possession and that the accused was arrested on 10.11.2008. It was thus, alleged that the accident in question took place due to the rash and negligent driving of the petitioner, being the driver of the offending truck.