JUDGMENT

Jasjit Singh Bedi, J. - The present revision petition has been filed against the order dated 05.08.2008 passed by the learned Additional Sessions Judge, Moga, vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 10.04.2007 passed by the learned Sub Divisional Judicial Magistrate, Zira, has been dismissed.

2. The brief facts of the case are that on 29.03.1999 SI Balvir Singh along with other police officials were on patrolling duty on their Government vehicle which was driven by Virsa Singh and they were present at chowk Dharamkot. Then they learned that one truck had caused an accident with a scooter and the injured had been taken to Civil Hospital Kot Ise Khan. Then SI Balvir Singh along with other police officials reached Civil Hospital Kot Ise Khan where the Investigating Officer further came to know that the injured has been referred to Civil Hospital Moga. Then the Investigating Officer along with police officials reached there where the attending doctor gave the opinion that injured was fit to make statement. The statement of injured Gurtej Singh was recorded. In the said statement Gurtej Singh stated that he was a resident of Dharamkot and doing the work of farming. Gurdip Singh son of Gurmail Singh resident of Pakhi Kalan, Police Station Faridkot is their relative. On 28.03.1999, he had come to meet them. Today he (complainant) along with said Gurdip Singh were going on their scooter No.PB-29/1556 towards their field.

The scooter was driven by Gurdip Singh. At some distance behind them Raj Singh son of Nihal Singh resident of Lohgarh Road, Dharamkot was also coming. The complainant further stated that when they reached near the Dhaba of Sham Singh, it was about 4/5 PM, when from the front side one truck No.PB-13G/3056 in which some passengers were travelling came at a high speed. The truck driver hit his truck into their scooter. Due to the said accident the scooter fell down on the ground and they also fell down on ground. The truck after hitting the scooter also turned towards one side and passengers travelling in the said truck also suffered injuries. The name of the truck driver came to be known later on as Rattan Singh @ Pehalwan (petitioner) resident of Jalalabad (W), District Ferozepur. The complainant further stated that the above said truck driver while driving his truck at a high speed in a negligent way without blowing the horn had caused the accident. While Gurdip Singh died at the spot, he (complainant) also suffered injuries. He was first taken to Civil Hospital Kot Ise Khan from where he was further referred to Civil Hospital, Moga. The truck driver after the accident ran away from the place of occurrence.

3. On the above said statement of the complainant, SI Balvir Singh made his endorsement and sent a ruqa and got lodged the FIR. The investigation began and the inquest report of the dead body of Gurdip Singh was prepared and the postmortem of the dead body was got conducted. The site plan of the place of occurrence was prepared. The statements of other witnesses were recorded. The vehicle involved in the accident i.e. truck and scooter were taken into police custody. Photographs of the place of occurrence were taken. Arrest of the accused was got effected on 14.04.1999. His driving licence along with other papers of the truck were taken into police custody. After completion of investigation and other formalities, the challan was filed in the Court against the petitioner.

4. Finding a prima facie case against the accused/petitioner under Section 304-A IPC, charges were framed against him. He pleaded not guilty and claimed trial.

5. At the trial the prosecution examined PW1-Dr. Mahesh Chander Markan, PW2-Onkar Singh, Head Mechanic, PW3-Chamkaur Singh, Photographer, PW4-Gurtej Singh complainant/eye-witness, PW6-SI Balvir Singh and thereafter, the prosecution closed its evidence.

6. After closure of prosecution evidence, the statement of the acc