The main legal point established is the strict enforcement of road safety laws and the stern treatment of individuals found guilty of causing death by rash and negligent driving, emphasizing the gravity of such offenses.

JUDGMENT

Harminder Singh Madaan, J. - Accused Surinder Singh faced trial by learned Sessions Judge, Bathinda, who vide judgment dated 2.3.2006 convicted him for the offences under Sections 304-A and 279 IPC and vide order of the even date he was sentenced as under:

2. Both the sentences were ordered to run concurrently.

3. The accused-convict-Surinder Singh, who is appellant before this Court, prays that the appeal be accepted, the impugned judgment of conviction and order of sentence passed against him be set aside and he be acquitted of the charge framed against him.

4. Briefly stated, the facts of the case are that on 6.12.2004, Sub-Inspector Roop Singh, Incharge Police Post, Bulluana (hereinafter referred to as the Investigating Officer/I.O.) had received a QST from Police Station, Gidderbaha with regard to admission of Surat Singh injured in Civil Hospital, Sardargarh; Surat Singh had been referred to Civil Hospital, Bathinda; on 7.12.2004, the Investigating Officer again received a QST from Police Post, Civil Lines, Bathinda to the effect that said Surat Singh had succumbed to the injuries, therefore he along with other police officials went to Civil Hospital, Bathinda, where he came across complainant Gurbaj Singh son of Jaggar Singh, resident of village Sardargarh, District Bathinda working as Manager with Brar Bus Service, who in his statement made to the police stated that on 6.12.2004, he along with his brother Surat Singh and cousin Bhupinder Singh had gone to Gidderbaha town in connection with some domestic work; thereafter they came to village Karamgarh Chhatran by bus and were waiting at bus stop of village Karamgarh Chhatran for getting a conveyance for going to their village; the complainant was talking with Bhupinder Singh, whereas Surat Singh was standing at some distance from them; at about 6:30 p.m., a car bearing registration No. PIK-1900 being driven by Surinder Singh son of Balwinder Singh, known to the complainant earlier, as he belonged to nearby village came from Bathinda side and despite knowing the fact that Surat Singh could die as a result of being struck by his car, Surinder Singh accused struck his car against Surat Singh, resultantly Surat Singh fell on the bonnet of the car and thereafter fell on the road, in the process, he received multiple injuries on his person including on his left arm, right ankle, left eyebrow etc.; after the mishap Surinder Singh sped away the car; the complainant and Bhupinder Singh arranged a conveyance and removed Surat Singh injured to Civil Hospital, Gidderbaha from where keeping in view his serious condition, he was referred to Civil Hospital, Bathinda, however, Surat Singh succumbed to the injuries suffered by him in the incident at Civil Hospital, Bathinda.

5. The complainant in his statement got it mentioned that Surinder Singh intentionally caused the death of Surat Singh by striking his car against him. Complainant Gurbaj Singh had signed his statement Ex.PA. The Investigating Officer appended his endorsement Ex.PA/1 below such statement and sent ruqa to the Police Station Sadar, Bathinda through Constable Kuldeep Singh, on the basis of which formal FIR was recorded by MHC Fauja Singh for the offences under Sections 304 and 279 IPC.

6. The Investigating Officer carried out inquest proceedings with regard to unnatural death of Surat Singh preparing a report in that regard. He submitted a written request to SMO, Civil Hospital, Bathinda through C-II Avtar Singh for getting postmortem examination conducted on the dead body of Surat S