RAJBIR SINGH Vs. STATE OF UNION TERRITORY

JUDGEMENT

(1.) THE prosecution case in brief is that Mohinder Kaur, who was student of BA-I in Govt. College for Girls, Sector 42, Chandigarh was returning from the college to her house in Section 37 on bicycle on 5.12.1990 at about 2-2.15 p.m. She was being followed on another bicycle by her sister's son Amarjit Singh. When she and Amarjit Singh took a turn near Badminton Stadium, Sector 42 and were going to the road leading to Village Attawa, in the opposite direction, oil tanker bearing registration No. PIP 5189 came. It was being driven rashly and negligently by Rajbir Singh (petitioner herein). Tanker hit the bicycle being paddled by Mohinder Kaur. She fell down and the right front wheel of the tanker passed over the right shoulder of Mohinder Kaur. Amarjit Singh went near her and found Mohinder Kaur to have succumbed to her injuries. On receipt of telephonic call from some body, police party headed by SI Surinder Kumar came to the spot. Amarjit Singh made statement Ex. PD before SI Surinder Kumar at about 2.45 p.m. on the basis of which case FIR No. 45 was registered on 5.12.90 at PS Sector 36, Chandigarh under section 279/304-A IPC. SI Surinder Kumar arrested the accused at the spot. After investigation, accused was challaned under section 279/304-A IPC. Accused was charged under section 279/304-A IPC.

(2.) ON the conclusion of the trial, Additional Chief Judicial Magistrate, Chandigarh vide order dated 6.12.1995 found the charge proved against the accused under section 279/304-A IPC. He accordingly convicted him thereunder. He sentenced him to undergo RI for 3 months under section 279 IPC. He sentenced him to undergo RI for one year and to pay a fine of Rs. 500/- or in default to undergo further RI for 3 months under section 304-A IPC. He ordered the sentence to run concurrently. Rajbir Singh went in appeal to the Court of Session. Learned Additional Sessions Judge dismissed his appeal but reduced his sentence to RI for 9 months under section 304-A IPC. Sentence of fine was maintained. Sentence awarded under section 279 IPC was also maintained.

(3.) I have heard the learned counsel for the petitioner and have gone through the record.