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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRR-2333-2009 Date of Decision:- 28.01.2025 SUNIL KUMAR SHARMA ......Petitioner VERSUS STATE OF PUNJAB ......Respondent CORAM:- HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Karamjit Verma, Advocate for the Petitioner.

Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.

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JASJIT SINGH BEDI, J.

The present revision petition has been filed impugning the judgment dated 25.08.2009 passed by the Additional Sessions Judge, Ludhiana whereby the appeal filed against the judgment of conviction and order of sentence dated 01.11.2007 passed by the Judicial Magistrate, 1^st Class, Ludhiana has been dismissed.

2. The FIR in the present case came to be registered on 21.03.2001. The judgment of conviction was passed on 01.11.2007 by the Judicial Magistrate, 1^st Class, Ludhiana. The appeal filed against the order of conviction was dismissed on 25.08.2009 by the Additional Sessions Judge, Ludhiana. The instant revision petition was filed on 07.09.2009 and has come up for final hearing now i.e. after a period of more than 23 ½ years from the date of registration of the FIR.

3. In brief, the case of the prosecution is that on 21.03.2001 Gurmit Singh S/o Goda Singh, R/o Virasat Nagar, Tharikey Chowk, Ferozepur Road, Ludhiana made a statement to the police that his nephew Baljit Singh S/o Balwant Singh was residing along with his family at village Tharike. On the day of occurrence, he and Baljit Singh were coming from village Tharike to Ludhiana. Baljit Singh was driving his scooter bearing No.PB-12-A-6245, Bajaj Chetak somewhat ahead of him. At about 07.40 PM, when Baljit Singh reached near the traffic lights of Circuit House, then on seeing the yellow light, he stopped his scooter. In the meantime, a truck bearing No.HR-37-4811 which was being driven by its driver very fast and in a negligent manner, ran over his nephew Baljit Singh who was crushed under the truck and he died on the spot. The scooter of Baljit Singh was also badly damaged. The name of the truck driver came to be known later on as Sunil Kumar Sharma S/o Devinder Kumar Pandit R/o Village Kaunke Kalan, PS Sadar, Jagraon. He has seen the accident with his own eyes. The driver with the truck were apprehended at the spot. On his statement ruqa Ex.PA was sent to the police station and FIR No.92 dated 21.03.2001 under Sections 304-A, 279, 427 IPC, P.S. Division No.5, Ludhiana was registered. Statements of the witnesses were recorded and after completion of necessary formalities and investigation, challan against the accused was prepared and presented in the Court.

4. The accused was charge-sheeted under Sections 304-A, 279 IPC to which he pleaded not guilty and claimed trial.

5. In order to prove its case, the prosecution examined PW1- Gurmit Singh, PW2-HC Som Nath, PW3-ASI Jaspal Singh, PW4-CII Joginder Singh, PW5-HC Shange Lal, PW6-Dr. Jasbir Singh. Thereafter, the evidence of the prosecution was closed by order.

6. Statement of the accused/petitioner was recorded under Section 313 Cr.P.C. in which all the incriminating evidence appearing against him was put to him, to which he pleaded false implication. He (accused/petitioner) examined DW1-Surjit Kumar, also tendered into evidence document Ex.D1 and then closed his defence evidence.

7. Based on the evidence led, the accused/petitioner came to be convicted and sentenced by the Court of Judicial Magistrate, 1^st Class, Ludhiana vide judgment and order of sentence dated 01.11.2007 as under:-

Offence under Section	Sentence RI/SI	Fine	RI/SI in default of payment of fine
304-A IPC	RI for 01 year	Rs.500/-	RI for 15 days
279 IPC	RI for 06 months	Rs.100/-	RI for 07 days

Both the sentences were ordered to run concurrently.

8. The accused/petitioner preferred an appeal which came to be dismissed by the Court of Additional Sessions Judge, Ludhiana vide judgment dated 25.08.2009.

9. The aforementioned judgments are under challenge in the present petition.

10. During the pendency of

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