The main legal point established in the judgment is the application of the concept of negligence in determining liability for rash and negligent driving, as well as the consideration of legal precedents in sentencing.

JUDGMENT

Jasjit Singh Bedi, J. - The present revision petition has been filed against the judgment dated 12.09.2018 passed by the learned Additional Sessions Judge, Mansa, vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 06.01.2015 passed by learned Chief Judicial Magistrate, Mansa, has been dismissed.

2. Briefly, the facts as narrated in the report under Section 173 Cr.P.C. are that on 28.01.2011, ASI Raj Singh along with police officials was present at Bus Stand Mansa regarding patrolling duty, where he received information regarding an accident on the Court road, Mansa. Then he along with police party reached the spot from where three injured were admitted to Civil Hospital Mansa. He moved an application to the doctor regarding the fitness of the injured. The doctor opined that injured Laddi Singh and Paramjit Singh were unfit to make statements and injured Malkiat Singh was very serious and he had been referred to a higher institute. On 29.11.2011 ASI Raj Singh along with other police officials went to Civil Hospital, Mansa and moved an application before the doctor regarding the fitness of the injured and the doctor declared that the injured were fit to make the statement. Then Laddi Singh got recorded his statement to the effect that he was working with Surinderpal at Mansa. Malkiat Singh son of Jaila Singh and Paramjit Singh son of Gurcharan Singh also worked there. On 28.01.2011 at about 6.30 PM he along with Malkiat Singh and Paramjit Singh were going to their village on a motorcycle bearing No.PB-31-F- 9093 which was being driven by Malkiat Singh. When they reached near the gate of Kacherian (Tehsil Complex), Mansa then a car which was driven in a rash and negligent manner came and struck the motorcycle, due to which they fell down on the ground and they suffered injuries. His motorcycle was also damaged. Then he stood up and he inquired about the name of the driver who told that his name was Munish Kumar alias Babbu son of Vinod Kumar, resident of Labh Singh Wali Gali, Mansa. Thereafter the driver of the car fled away from the spot. The complainant further stated that the police reached at the spot and took them to the Civil Hospital, Mansa, where Malkiat Singh was referred to Chandigarh where he died. After recording the statement, Laddi Singh complainant signed his statement after admitting the same to be true and correct and ASI made his endorsement on the same and sent the same to the Police Station on the basis of which the FIR was registered.

3. Thereafter, the ASI along with other police officials reached at the spot and conducted the investigation. The accused was arrested in this case. The statements of the witnesses were recorded under Section 161 Cr.P.C. On completion of the investigation, the challan was presented in the Court for the trial of the accused for the offences punishable under Sections 304-A, 279, 337, 427 of Indian Penal Code. As there existed a prima facie case under Sections, 279, 337, 304-A, 427 of the Indian Penal Code against the accused, a charge for the said offences was framed against him to which he pleaded not guilty and claimed trial.

4. The prosecution in order to prove the charge against the accused examined Laddi Singh-complainant-injured as PW1, Paramjit Singh eye-witness as PW-2, Dr. Utkarsh Singh as PW-3, ASI Raj Singh, Investigating Officer as PW-4, Sahil Kumar Clerk, DTO Office, Mansa as PW-5 (but inadvertently written as PW-4), ASI Dalel Singh recovery witness as PW-6 (but inadvertently written as PW-5), Dr. Jagsir Singh, Assistant Professor, Adesh Hospital, Bathinda as PW-7 (but inadvertently written as PW-6), Jaswinder Singh as PW- 8 (but inadvertently written as PW-7). Thereafter, the learned APP for the State gave up PWs Kewal and Inspector Dhian Singh being unnecessary.

5. After the evidence of the prosecution, the statement of the accused under Section 313 Cr.P.C. was recorded, in which the accused denied al