205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-2318-2007 (O&M)

Date of Reserve:18.03.2026 Date of Decision:24.03.2026 Kali Dass …Petitioner Vs.

State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present: Mr. Y.P Khullar, Advocate for the petitioner.

Mr. Balram Singh, Legal Aid Counsel, for the petitioner.

Mr. M.S Bajwa, DAG, Punjab.

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N.S.Shekhawat J.

1. The petitioner has filed the present revision petition against the impugned impugned judgment of conviction dated 23.11.2007, passed by the Court of Sessions Judge, Rupnagar and the impugned judgment of conviction and order of sentence dated 17.11.2006, passed by the Court of Chief Judicial Magistrate, Ropar, whereby the petitioner was ordered to be convicted under Sections 279 of IPC and 304-A of IPC and sentenced to undergo R.I for a period of six months and fine of Rs.5,000/- under Section 279 IPC, in default of payment of fine, he shall undergo further R.I for a period of 15 days; R.I for period of one year and fine of Rs.1000/- under Section 304-A IPC, in default of payment of fine, he shall undergo further R.I for a period of one month.

2. The brief facts of the case are that on 28.1.2003, Pritam Singh got recorded his statement Ex. PA that he has two brothers and one sister and all of them are married. His brother Kuldip Singh is married at village Gurah near Goraya and had been working in United India Insurance Company for the last 10/12 years. On 27.1.2003, Kuldip Singh telephoned at his residence from Delhi that he would come to Jalandhar straight from Delhi and the complainant along with their parents should also come to Jalandhar for condolence. Accordingly, the complainant along with his brother Jatinder Kumar and his parents reached Jalandhar in Esteem Car No.CH-015 0018. After the said condolence and meeting many relations living in Jalandhar, they started back for Chandigarh at about 8.30 p.m in their car. Kuldip Singh also started for Chandigarh in his Indica Car bearing No.CH-03H 0272. They had to meet one of their relatives at Kurali. Kuldip Singh was going in his car ahead of the car in which the complainant was travelling. When they reached near Gurdwara Solkhian near petrol pump, a truck came at fast speed from Kurali side and while the said truck was in the process of over taking a vehicle going ahead of the truck, the truck in a rash and negligent manner struck against the Indica car CH-03H 0272. As a result, the Indica car was pushed back. Kuldip Singh got entangled in the steering of Indica car and the roof of the car struck his skull and his skull was separated. His both legs got broken. The face of the Indica car turned towards the right side as a result of the accident. The truck also swerved and went towards extreme left edge of the road. Kuidip Singh died as a result of the accident. Information was sent to the police by getting telephone number from the Sewadar of the Gurdwara. The police reached the place of occurrence and recorded the statement of the complainant.

3. After the registration of the FIR, the vehicles involved in the accident were taken into possession by the police. Site plan of the place of occurrence was prepared and inquest proceedings were conducted on the dead body. The necessary investigation was completed in the present case and thereafter, the challan was presented before the Trial Court.

4. After finding a prima facie case under Sections 279 and 304-A of IPC, the petitioner was charge-sheeted accordingly, to which he pleaded not guilty and claimed trial.

5. In order to prove the charge against the petitioner, the prosecution examined 08 witnesses. PW-1 Pritam Singh, complainant, PW-2 Jatinder Kumar, PW-3 Gurnam Singh, PW-4 Dr. Navtej Pal Singh, PW-5 Raju Sharma, Photographer, PW-6 ASI Karam Chand, PW-7 Naresh Kumar and PW-8 Constable Satnam Singh Mechanic.

6. In order to substantiate the charge, the prosecution examined PW-1, Pritam Singh, complainant, who supported the case of the prosecution a