- (1.) By way of this appeal, Pawan Kumar, the appellant has challenged the judgment of his conviction dated 18.1.2007 and order on sentence of the same date passed by Sessions Judge, Bathinda vide which he is held guilty for an offence punishable under section 304-A IPC and has been sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for 6 months. The facts leading to the present prosecution of the appellant are as under : On 18.1.2005, Satish Kumar Havaldar went to his duty from his quarter in Shivaji Colony. After his duty was over at 2.00 PM, he was returning to his house on a bicycle. He was following Jai Nandan Paswan and Naik Shakhawat Mohammad who were also moving on their respective bicycles. When they were ahead of gate No. 68 Armed Regiment on the main road, a scooter came from their back side at a very fast speed and struck against the bicycle of Jai Nandan Paswan. As a result of the same, Jai Nandan Paswan fell down on the road and the scooter fell down on the right side of the road on kacha portion thereof. Scooter bore registration No. RJ-013M-3646. The scooterist disclosed his name as Constable Pawan Kumar, No.674. Jai Nandan Paswan became unconscious at the spot. He was shifted to Military Hospital, Bhatinda in a military van. As Pawan Kumar was also in receipt of injuries, he was also taken to the Military Hospital in another vehicle. Jai Nandan Paswan, however, succumbed to his injuries in the hospital.
(2.) On receipt of information about this accident, Sohan Singh Sub Inspector from Police Station, Cantt. Bathinda reached Military Hospital, Bathinda and recorded the statement of Satish Kumar, which was sent to the police station for registration of the case. After conducting inquest proceedings, post mortem examination was got conducted on the dead body of Jai Nandan Paswan. Statements of the witnesses were recorded. Spot was inspected and was got photographed. The scooter of the appellant was got mechanically examined. After completion of other formalities of investigation, challan against the accused was prepared.
(3.) Since the case was registered for an offence punishable under section 304 IPC, the case was committed to the court of Session.;