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VINOD S. BHARDWAJ
Gurpreet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
VINOD S. BHARDWAJ, J.
1. By means of the instant revision petition, a challenge has been raised to the judgment dated 24.07.2018 passed by the Sub Divisional Judicial Magistrate, Khamanon, in case FIR No.136 dated 23.10.2013, vide which the petitioner was convicted for offences under Section 279, 337, 338, 304-A IPC, registered at Police Station Khamanon, District Fatehgarh Sahib as well as the subsequent dismissal of the appeal vide judgment dated 26.10.2021 passed by the learned Sessions Judge, Fatehgarh Sahib. The following sentence was awarded by the learned Court:-
| Sr. No. | Offence | Offence | Fine | In default |
| 1. | U/s 279 IPC | To undergo rigorous imprisonment for a period of six months | ----- | ----- |
| 2. | U/s 337 IPC | To undergo rigorous imprisonment for a period of six months | ----- | ----- |
| 3. | U/s 338 IPC | To undergo rigorous imprisonment for a period of one year | Rs.1,000/- | In default one month SI |
| 4. | 304-A IPC | To undergo rigorous imprisonment for a period of one year | Rs.9000/- | 6 month R.I. |
All the sentences were ordered to
The admissibility of dying declaration, reliance on eyewitness testimonies, and the causal link between the accident and the death were central to the Court's decision.
The court held that concurrent findings of two lower courts regarding negligence and causation in a motor vehicle accident are binding unless proven erroneous, reinforcing limitations on the scope of....
Rash driving or riding on a public way – There is no such statutory exception pleaded in the present case. In absence of any material on record, no presumption of "rashness" or "negligence" could be ....
The court affirmed the conviction for negligent driving resulting in death, establishing that the accused's recklessness was the primary cause of the victim's fatal injuries.
Conviction for negligent driving requires substantial evidence beyond mere speed; a driver cannot be held liable under IPC without evidence proving rashness and negligence distinctly.
A conviction for rash and negligent driving under S. 279 and 304A IPC requires proof of specific, proximate, and negligent acts; generic witness testimony regarding 'high speed' or 'negligence' witho....
The prosecution must establish that the accused was driving the vehicle in a manner that endangered human life or was likely to cause hurt or injury to any other person, as per the relevant sections ....
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