BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER was convicted by Chief Judicial Magistrate, Jalandhar under Sections 304 -A and 337 IPC and sentenced to undergo R -I for one year and to pay a fine of Rs. 1000/ - and in default of payment of fine, to further undergo R -I for three months under Section 304 -A IPC. He was also sentenced to undergo R -I for three months and to pay a fine of Rs. 200/ - and in default of payment of fine to undergo further R -I for one month under Section 337 of the Indian Penal Code. Both the sentences were, however, ordered to run concurrently and fine of Rs. 1000/ -, if realised, was ordered to be paid as compensation to the next kin of Rajinder, deceased. The appeal filed by the petitioner against his conviction and sentence was dismissed by the learned Additional Sessions Judge, Jalandhar, on March 6, 1987.

(2.) BRIEFLY stated, the prosecution case is that Rajinder (deceased), Baldev Raj and Harpal Singh were working as khalasis in the Indian Oil Corporation at Suchi Pind, Jalandhar. On October 31, 1983, after performing their duties, they were returning to their village, Lamba Pind. On foot and at about 10.30 P.M. when they reached near the turning of Lamba Pind Road, walking on the left side of the road, a truck bearing registration No. PBP - 5680 being driven by the petitioner rashly and negligently came from behind and dashed against them without blowing the horn; as a result whereof they were thrown on the ground and they sustained injuries. After hitting them, the truck turned turtle on the left side of the road. Thereafter, the petitioner abandoned the truck and fled away from the place of occurrence. After a short while, Shri J.L. Seth, Manager of the Indian Oil Corporation, came to the spot and carried the injured to Civil Hospital, Jalandhar in his car. However, Rajinder succumbed to the injuries while others were medically examined.

(3.) ON receipt of ruqa, Ex. PA, from Civil Hospital, Jalandhar, Head Constable Buta Ram (PW 2) went to the hospital and after obtaining opinion of the concerned Medical Officer regarding fitness of injured Harpal Singh to make a statement, he recorded statement, Ex. PD, of Harpal Singh; on the basis whereof formal FIR, Ex. PD/3, was registered at Police Station Division No. 3, Jalandhar. Autopsy on the dead body of Rajinder was conducted by Dr. Parminder Singh (PW 4). Thereafter, Buta Ram, Head Constable visited the spot and found truck No. PBP -5680 lying abandoned there. He seized the truck and on search found relevant documents i.e. registration certificate, route permit, driving licence of the petitioner, insurance certificate of the truck and log book from inside the truck and took the same into possession vide recovery memo, Ex. PB. He also got the scene of occurrence photographed and prepared rough site plan, Ex. PF, of place of occurrence with correct marginal notes. The petitioner was arrested on November 2, 1983 and challaned in due course.