R.P.NAGRATH, J. - (1.) INSTANT revision has been filed by the petitioner against concurrent findings of conviction recorded by both the Courts below for offences under Sections 304 -A, 337 and 279 of Indian Penal Code (IPC). Trial Court sentenced the petitioner to undergo rigorous imprisonment for one year and to pay fine of Rs. 200/ -, in default to further undergo rigorous imprisonment for 7 days under Section 304 -A IPC. He was also sentenced to undergo rigorous imprisonment for six months each under Sections 337 and 279 IPC. The Appellate Court also affirmed the aforesaid sentence while dismissing the appeal.
(2.) BRIEF resume of facts as recorded in the First Information Report (FIR) at the instance of Harjinder Singh son of Kundan Singh witness are that on 05.03.2006, they were going for paying obeisance in the temple of their ancestors (called Jatheria) at Nawanshahr. Gurmukh Singh deceased was driving Hero Honda ETERNO scooter No. PB -10 -BE -7276 on which Davinder Kumar PW -1 was the pillion rider. Harjinder Singh and Maghar Singh were following them on a separate scooter No. PB -10 -AB - 3532. Harjinder Singh was driving that scooter. It was at about 9.30 a.m. that the scooterists reached Mukandpur Road that the offending truck No. PB -10 -U -9432 of Coca Cola company being driven at a fast speed crossed the scooter of Harjinder Singh and hit the vehicle of Gurmukh Singh from behind. The driver of truck did not blow any horn. Both Gurmukh Singh and Davinder Kumar had fallen on the road. Gurmukh Singh was run over by the speeding truck and Davinder Kumar suffered injuries on his person. Gurmukh Singh died on way to the hospital. Davinder Kumar was also taken to the Civil Hospital, Phillaur but his condition being serious was referred to CMC & Hospital, Ludhiana. The name of the driver of offending truck was learnt as Jaspal Singh.
(3.) IT is further the prosecution version that Maghar Singh was left near the dead body of Gurmukh Singh and Harjinder Singh proceeded to report the incident to the police. Police party of HC Jaj Mohan met him in the way and recorded Ex. PA the statement of Harjinder Singh and FIR Ex. PW -7/B was recorded. Investigating officer took both the vehicles into possession on the same day and also prepared the rough site plan Ex. PW -7/D. The photographer also took photographs of the scene of occurrence. The vehicles were mechanically tested. The postmortem examination on the dead body of deceased was conducted. The record of CMC Hospital was also taken into possession.;