MANSA YADEV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the present revision petition, correctness of judgment passed by learned Judicial Magistrate Ist Class, Khanna dated 24.07.2015, affirmed in appeal by learned Additional Sessions Judge, Ludhiana vide judgment dated 22.11.2019 has been questioned.

(2.) Petitioner has been convicted to undergo rigorous imprisonment for a period of one year for commission of offence under Section 304-A, IPC with fine of Rs. 1,000/-.

(3.) In nutshell, the case of the prosecution is that on 07.11.2009, the complainant-Vishal Modgil came to the Police Post Kot and got recorded his statement with SI Sikander Singh. It was stated that on 06.11.2009, first informant alongwith his cousin Mohit Modgil son of Barinder Kumar were standing on the unmetalled portion of G.T. road towards Payal Village side as they wanted to cross the G.T. Road to go to Village Bija. His cousin deceased Mohit Modgil was standing ahead of him when a TATA Safari bearing registration No.UP-14AR-0005 driven by the petitioner came from Khanna side, in a rash and negligent manner at a very high speed. Its driver wrongly tried to overtake a bus and in that process, struck his cousin Mohit Modgil resulting in serious injuries. First informant with the help of Police Ambulance took his cousin to Kular Hospital Bija from where he was referred to CMC Hospital, Ludhiana wherein during the night time, he died. First informant disclosed the name of the driver of the offending vehicle (TATA Safari) as Mansa Yadav, the petitioner herein. On the basis of the aforesaid information, formal FIR was registered.