Judgment

Mr. Harsh Bunger, J.

Petitioner (Jasvir Singh) has filed the present revision petition challenging judgment dated 01.06.2022 passed by the Court of Sessions Judge, Faridkot, whereby the Court has set aside the impugned judgment of conviction and order of sentence dated 06.01.2020 passed by the Court of Additional Chief Judicial Magistrate, Faridkot against the petitioner and has remanded the case to the trial Court to summon Assistant Sub Inspector Kuldeep Singh (PW-1) for the purpose of his remaining examination-in-chief and cross-examination and after his cross-examination, to decide the case afresh.

2. Briefly, a case FIR No.103 dated 02.08.2018 was registered against the petitioner herein under Sections 279 , 304-A and 427 of the INDIAN PENAL CODE , registered at Police Station Sadar Faridkot on the complaint of one Daljit Singh s/o Gurdial Singh, who stated that on 02.08.2018, the complainant along with one Inderdeep Singh s/o Jagsir Singh r/o Village Chahal were present outside their Village, talking to each other and it was about 05:10 P.M., when Bikkar Singh s/o Mangtu r/o Village Chahal came on a motorcycle (Hero Honda) bearing registration No.PB-04-G-4857 from the side of Village Chahal to Faridkot and when he reached at the bridge/flyover outside Village Chahal, a bus belonging to P.R.T.C., bearing registration No.PB-65-F-1451, being driven by an unknown driver in a rash and negligent manner, came at a high speed and without blowing any horn, ran over Bikkar Singh and dragged him up to some distance. As per the complainant, upon their raising hue and cry, the aforesaid driver stopped the bus and they pulled Bikkar Singh out from under the rear tyres of the bus and he was taken to the Guru Gobind Singh Medical Care and Hospital, Faridkot, however, while undergoing the treatment, Bikkar Singh succumbed to the injuries. The motorcycle of Bikkar Singh was also badly damaged. Accordingly, the aforesaid FIR was registered.

3. On 03.08.2018, the present petitioner (Jasvir Singh) s/o Bikkar Singh, Village Darolli Bhai Ki, District Moga was apprehended and after completion of investigation, the challan was presented against him and subsequently, he was charge-sheeted under Sections 279 , 304-A and 427 of the INDIAN PENAL CODE , to which he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined the following witnesses:-

5. It is apposite to state here that the witness Inspector/Station House Officer Inderjit Singh and Assistant Sub Inspector Wakil Singh were given up by the State, being unnecessary. Upon closure of evidence by the prosecution, statement of accused Jasvir Singh (petitioner) was recorded under Section 313 of the Code of Criminal Procedure, wherein he denied all the allegations levelled against him and pleaded false implication. No defence was lead by the accused in his defence.

6. After considering the evidence/material on the file, the trial Court vide its judgment dated 06.01.2020 convicted the accused/petitioner for the offences under Sections 279 and 304-A of the INDIAN PENAL CODE . Vide separate orde