This criminal revision petition challenging the conviction and conviction under Section 304-A IPC for rash and negligent driving resulting in death allowed petition subject
No relief granted as the petition was dismissed; conviction and sentence under Section 304-A IPC affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1 -
Crl. Revision No. 4127 of 2012 (O&M)
In the High Court of Punjab and Haryana at Chandigarh
Crl. Revision No. 4127 of 2012 (O&M) Date of Decision: 21.12.2012.
Gurbant Singh
.......Petitioner
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Vivek Suri, Advocate for the petitioner.
SABINA, J.
Petitioner had faced the trial under Section 279, 304-A of the Indian Penal Code (' IPC ' for short) in FIR No. 28 dated 28.3.2008, registered at Police Station Julkan. Trial Court vide judgment/order dated 22.8.2012 convicted and sentenced the petitioner qua commission of offence punishable under Section 304-A IPC. Appeal filed by the petitioner against the said judgment/order of his conviction and sentence was dismissed by the Appellate Court vide judgment dated 30.11.2012. Hence, the present petition.
After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal.
Prosecution story, in brief, is that on 27.3.2008, complainant Amarnath was going on his motor cycle along with Sukhlal Singh from Patiala to Devigarh. Raj Kumar was going on his motor cycle ahead of them. When Raj Kumar reached near Ghaggar bridge in village Devigarh, at about 7.00 P.M., a PRTC bus bearing No. PB-11-N-9529 came from Devigarh side at a fast speed and in a rash and negligent manner and struck against the motor cycle of Raj Kumar. As a result of this, Raj Kumar suffered serious
-2 -
Crl. Revision No. 4127 of 2012 (O&M)
injuries and died on account of the said injuries on the way to the hospital.
Complainant appeared in the witness box as PW-1 and deposed as per the contents of the FIR. His statement was duly corroborated by PW-2 Sukhlal Singh. It was also established on record by PW-3 Hardev Singh that petitioner was on duty on the day of accident with the bus in question. The complainant and the eye witness had no ill will against the petitioner to have falsely involve him in this case. Both the Courts below, after appreciating the evidence led on record, have, thus, rightly ordered the conviction and sentence of the petitioner under Section 304-A IPC.
No ground for interference is made out.
Dismissed.
(SABINA) JUDGE
December 21, 2012 Gurpreet
1 issue framed by the court
Whether theHigh Court should interfere with the conviction and sentence under Section 304-A IPC in a case of rash and negligent driving causing death.
2 provisions across 1 enactments
Gurbant Singh
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
