R.P.NAGRATH, J. - (1.) THE petitioner has challenged the concurrent findings of conviction recorded against him by the Courts below for offence under Section 279 and 304 -A of Indian Penal Code (IPC). The petitioner was sentenced to undergo rigorous imprisonment for one year and six months under Section 304 -A IPC. He was also sentenced to undergo rigorous imprisonment for three months and to pay fine of Rs. 1000/ -, in default to undergo rigorous imprisonment for 15 days under Section 279 IPC. Both the sentences were to run concurrently.
(2.) THE facts of the case, as emerge during the trial, are that on 09.09.2005, Prem Lal (deceased) and his wife Anita had gone to village Mayianpur to meet the family of Vidyawanti the Bua (father's sister) of Prem Lal. Surinder Kumar, brother of Anita had also come there. They were returning from village Mayianpur in the evening on motorcycle No. PB -02 -AE -4735. Prem Kumar was driving the motor - cycle and Anita was the pillion rider. They were followed by Krishan Lal husband of Vidyawanti riding on a separate motorcycle and Surinder Kumar was the pillion rider. When they reached near the brick kiln in the area of village Kandila that their motorcycle stopped. Prem Lal parked the motorcycle on the kachha portion and started checking his vehicle. Soon thereafter, Surinder Kumar and Krishan Lal also reached there and stopped their vehicle and they started talking with each other. In the meanwhile, a Tanker No. PB -06 -A - 9763 was seen coming from Batala side. The driver of the tanker, whose name was later on learnt as Gurdial Singh -petitioner, was driving the tanker at a fast speed and did not blow horn. The driver of the tanker brought his vehicle on the wrong side of the road and hit Prem Lal who was present near his motorcycle. The motorcycle was dragged to a distance towards the right side of the road on the kachha path and after stopping the vehicle the petitioner fled from there. Prem Lal died at the spot as a result of injuries on his person. Anita and Surinder Kumar were proceeding to police station to lodge the report that in the way police party headed by ASI Karnail Singh met them. The complainant recorded her statement, Ex. PA on the basis of which FIR Ex. PA/3 was registered. The motorcycle of the deceased alongwith registration certificate and the offending tanker were taken into possession from the spot vide memos Ex. PC and Ex. PD, respectively. Postmortem examination on the dead body of Prem Lal was conducted in the Civil Hospital. The petitioner was produced before the police on 11.09.2005 by Daljit Singh son of Jagir Singh. The registration certificate of the vehicle was also produced for which memo Ex. PW - 3/D was prepared.
(3.) THE prosecution examined five witnesses in support of its case.;