- (1.) Present petition has been filed against the judgment of conviction and order of sentence dated 19.02.2014 passed by the Additional Sessions Judge, Patiala vide which the appeal against the judgment dated 23.9.2013 passed by the Sub Division Judicial Magistrate, Samana (hereinafter referred to as "the trial Court') was dismissed.
(2.) The trial Court vide judgment dated 23.9.2013 convicted the accused-petitioner under Sections 304-A IPC and sentenced him as under:- Under Sec 304-A IPC Two years rigorous imprisonment and to pay fine of Rs.1000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month As per the prosecution story, on 28.07.2009 Nirmal Singh (nephew of the complainant) and Hakam Singh were going on motorcycle bearing No. HR-09-A-9512 make Bajaj Boxer after getting the cylinder filled from Samana to their village Daba. The motorcycle was being driven by Nirmal singh and Hakam Singh was sitting on the backseat. When they reached near village Bibipur then from the side of village Ram Nagar, one jeep Mahindra came which was being driven at a very high speed and negligently, hit the motorcycle by bring the same towards the side of Nirmal Singh. The jeep also fell on the side of the road and the motorcycle was also thrown. The driver of the jeep ran away from the spot and registration number of the jeep was PB- 11-AM-8093. Nirmal Singh and Hakam Singh were taken to civil hospital Samana where both of them died. Charges were framed under Sections 304-A IPC against the accused-petitioner, to which, he pleaded not guilty and claimed trial.
(3.) In order to prove its case, the prosecution examined as many as six witnesses and thereafter, the evidence of the prosecution was closed. Statement of accused under Section 313 Cr.P.C was recorded wherein entire incriminating evidence appearing against him was put to him, however, he denied the same.;