ANITA CHAUDHRY, J. - (1.) THIS revision petition had been directed against the judgment and order of sentence dated 14.08.2012 passed by the Sub -Divisional Judicial Magistrate, Jalalabad (W) whereby the petitioner was convicted and sentenced to undergo rigorous imprisonment for 02 years along with a fine of Rs.10,000/ - and in default whereof to undergo further rigorous imprisonment for a week for commission of offence punishable under Section 304 -A IPC. He was also sentenced to undergo rigorous imprisonment for 06 months along with a fine of Rs.500/ - for commission of offence under Section 337 IPC and in default of rigorous payment of fine, he was to undergo further imprisonment for a week. The accused filed an appeal before Addl. Sessions Judge, Fazilka who upheld the conviction and the sentence awarded vide order dated 13.06.2013. Both the Courts had directed that the sentences shall run concurrently.
(2.) AS per the prosecution case, Chhindo Bai, a relative of Dalbir Singh complainant along with his other relatives went to condole the death on 04.01.2006. The complainant was riding a motorcycle whereas Pritam Singh boarded a jeep owned by Balwant Singh, Member Panchayat of village Kamrewala. The jeep bearing no.UP -82 -A -9854 was hired by the complainant and its family. On the return journey, the accused was driving the jeep. A truck bearing no.PNO -8583 was going ahead of the jeep. A cow suddenly appeared before the truck and the truck driver applied brakes. Since the jeep was at a high speed, it struck the truck from behind and then took a somersault. All the occupants of the jeep sustained injuries. Three of them namely Pritam Singh, Piaro Bai and Jagiro Bai succumbed to the injuries. To substantiate the charges, the prosecution had examined 12 witnesses. The petitioner in his statement under Section 313 Cr.P.C. abjured the trial and pleaded false implication. He however, did not produce any evidence in his defence.
(3.) THE trial ended in conviction of the petitioner and he was sentenced to imprisonment mentioned here -in -before. The judgment and order of sentence were confirmed by the Additional Sessions Judge, Fazilka.;