Surinder Gupta, J. - (1.) THE petitioner faced trial for the offence punishable under Section 279, 304 -A and 411 Indian Penal Code (for short 'IPC') and was convicted for the offences punishable under Sections 304 -A and 279 IPC by trial Court vide judgment dated 22.09.2011 and awarded sentence to undergo rigorous imprisonment for a period of six months, for the offence punishable under Section 304 -A IPC. Separate sentence under Section 279 IPC was not awarded with the observation that offence under Section 304 -A IPC covers the ingredients of offence under Section 279 IPC.
(2.) NOT satisfied, the petitioner preferred an appeal, which was dismissed by learned Additional Sessions Judge, Kaithal vide judgment dated 02.05.2014. The conviction and the sentence awarded to the petitioner were maintained. Brief Facts As per the case of the prosecution, on 31.12.2005 Major Singh (PW1) and Shiv Ram (deceased) after finishing their work at the shop of Surinder Kumar, complainant at Pehowa Road, Cheeka left for their village Naya Gaon and were waiting for transport to go to their village, at Cheeka Chowk, where a Sonalika tractor came and both took lift on the mud -guard of that tractor. The petitioner was the driver of the tractor. He was under the influence of liquor and was driving the tractor in a rash and negligent manner. He did not care for the request of Major Singh (PW1) to drive the tractor carefully. Due to his rash and negligent driving, the tractor over -turned and Shiv Ram got trapped under the tractor. The petitioner fled away from the spot. Major Singh came to complainant Surinder Kumar, who along with some persons reached the spot and extricated Shiv Ram from below the tractor and rushed him to Mahavir Dal Hospital from where he was referred to Rajindra Hospital, Patiala. After leaving Major Singh to take care of the injured at Rajindra Hospital, Patiala, the complainant returned to the spot where the tractor -trolley were not found.
(3.) HE had noted the engine number, chassis number and other inscriptions of the tractor which he got recorded in his statement (Ex. PW8/A) to the police. ASI Karambir Singh of Police Station Cheeka reached Rajindra Hospital, Patiala and inquired about the fitness of Shiv Ram to make statement but he was declared unfit. On the statement of complainant Surinder Kumar Ex. PW8/A, ruqa Ex. PW10/B was sent to the police station, whereupon initially a DDR No. 12 dated 01.01.2006 was recorded for offences punishable under Sections 279 and 337 IPC but later on after the death of Shiv Ram on 21.01.2006, the offence under Section 304 -A IPC was added. After completion of investigation, final report under Section 173(2) Code of Criminal Procedure for the offences punishable under Sections 279, 337, 304 -A and 411 IPC was presented in the Court. Arguments.;