- (1.) BY way of the present revision petition, the petitioner impugns the judgment and order dated 11.10.2005, passed by the Judicial Magistrate Ist Class, Jalandhar, and the judgment dated 28.3.2006, passed by the Additional Sessions Judge, Jalandhar. In essence, the petitioner impugns his conviction and sentence.
(2.) THE petitioner was arraigned as an accused in FIR No. 93, dated 3.8.2001, registered under Sections 304-A, 279, 337, 427 of the IPC, at Police Station Kartarpur, Jalandhar, for causing the death of one Arvind Mehra, while driving his bus in a rash and negligent manner. On 3.8.2001, the complainant, Krishan Lal recorded a statement before ASI Mohinder Singh that while returning from Jalandhar to Amritsar, with his son Kamal Kumar and Arvind Mehra (the deceased) in their car, a Punjab Roadways bus, being driven by a Sikh, in a rash and negligent manner, struck against their car. The car was dragged towards the left side of the road and was severely damaged. Arvind Mehra received multiple injuries and died on the spot. The aforementioned FIR was lodged on the statement of Krishan Lal, the complainant and the petitioner was arrested. Charges were framed, against the petitioner, under Sections 279/304-A/337 of the IPC. As he pleaded not guilty, the trial commenced. The prosecution examined PW1-Dr.Harpreet Mann, PW2- Krishan Lal, the complainant, PW3-Kamal Kumar, PW4-Constable Dalip Singh, PW5- Gurdip Singh, PW6-Ram Parkash, PW7-Krishan Kumar, mechanic, PW8- ASI Mohinder Singh and PW9-Surinder Mohan. Upon closure of prosecution evidence, the petitioner's statement was recorded, under Section 313 of the Cr.P.C, and all incriminating material was put to him. In defence, the petitioner examined DW1-Dev Raj.
(3.) ON the basis of the depositions of the eye witnesses, the doctor, and the site plan, as also the other evidence, the trial Court convicted the petitioner for offences, under Sections 279/304-A of the IPC. The petitioner was sentenced to RI for one year, a fine of Rs. 1,000/-, in default thereof 30 days simple imprisonment for the offence, under Section 304-A of the IPC. He was also sentenced to RI for six months, a fine of Rs. 500/-, in default thereof 15 days simple imprisonment, for the offence under Section 279 of the IPC.;