LAWS(P&H)-2013-3-421

GURNAM SINGH Vs. STATE OF PUNJAB

Decided On March 21, 2013
GURNAM SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Petitioner had faced trial qua commission of an offence punishable under Sections 279, 337,338 and 304-A of the Indian Penal Code ('IPC' for short) in FIR No. 106 dated 17.11.1995 registered at Police Station City Rajpura.

(2.) The trial Court vide judgment/order dated 08.04.2003 convicted and sentenced the petitioner qua commission of offence punishable under Sections 279,337 and 304-A IPC. Aggrieved against the said judgment/order of his conviction and sentence, petitioner preferred an appeal. The appellate Court vide judgment dated 04.08.2003 dismissed the appeal filed by te petitioner. Hence, the present revision petition.

(3.) During the course of arguments, learned counsel for the petitioner has submitted that although the site plan, prepared by the Investigating Officer, had not been duly exhibited during trial as the Investigated Officer was not examined but a perusal of the same reveals that the truck in question was standing on its correct side of the road after the accident. Even a perusal of the photographs reveal that the truck was on its correct side of the road and some portion of the truck was on the un-metalled portion of the road.