- (1.) Petitioner Palwinder Singh son of Waryam Singh, resident of village Talwandi Raja Dinanath, Police Station Kalanaur, District Gurdaspur has filed the present revision petition challenging the judgment dated 14.9.2015 passed by learned Additional Sessions Judge, Gurdaspur, whereby his appeal filed against the judgment of conviction and order of sentence dated 20.2.2013 passed by learned Chief Judicial Magistrate, Gurdaspur, in case FIR No.65 dated 19.6.2006 under Sections 279 and 304-A IPC registered at Police Station Kalanaur, was dismissed.
(2.) Learned Magistrate vide judgment dated 20.2.2013 convicted the petitioner for offence punishable under Sections 279 and 304-A IPC and vide separate order of even date, sentenced him as under: JUDGEMENT_454_LAWS(P&H)5_2016_1.html
(3.) Briefly stated, the aforesaid FIR was registered at the behest of complainant Som Singh on the allegation that on 19.6.2006 the complainant along with his mother Kartar Kaur and cousin Tarlok Singh and 4-5 other ladies of the village were going to village Manepur to attend cremation. While they were walking, the offending motorcycle being driven by the petitioner came from behind in a rash and negligent manner. The motorcycle struck against Kartar Kaur. As a result thereof, she received head injury and later died in a hospital. Statements of witnesses were recorded by the police. Site plan was prepared and post-mortem of the dead body of Kartar Kaur was got conducted. After completion of investigation, challan was presented in the Court. Copy of challan was supplied to the petitioner-accused free of costs as envisaged under Section 207 Cr.PC. Thereafter, the accused was chargesheeted by the trial Court for the commission of offence under Sections 279 and 304-A IPC to which he did not plead guilty and claimed trial.;