IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 28.08.2025 Inderjit Singh ..Petitioner(s)

VERSUS State of Punjab and another ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Japjit Singh Johal, Advocate, for the petitioner.

Mr. Saurav Verma, Addl. A.G. Punjab.

VINOD S. BHARDWAJ, J. (Oral)

Challenge in the present petition is to the judgment of conviction and order of sentence dated 04.03.2022 rendered by the learned Sub-Divisional Judicial Magistrate, Dasuya, District Hoshiarpur, whereby the petitioner was held guilty under Sections 283, 304A and 427 of the Indian Penal Code. Challenge is also directed against the subsequent judgment dated 12.08.2025 passed by the learned Additional Sessions Judge, Hoshiarpur, in appeal preferred by the petitioner partly allowing the same and while the conviction recorded by the trial court was upheld, the sentence was modified and reduced to rigorous imprisonment for a period of one year from two years imposed by the Sub Divisional Judicial Magistrate.

2 Brief facts of the facts of the prosecution case is that on 21.6.2018 ASI Pawan Kumar along with other police officials were on patrolling duty on their private vehicles and when they reached near Ballagan Chowk Dasuya, then complainant Gopal Singh son of Gurdas Chand r/o Khojepur, PS Dinanagar, District Gurdaspur got recorded his statement to the effect that he is doing electrical work in Chandigarh and his nephew Baldev Raj s/o Tilak Raj r/o Village Khojepur is also residing with him and working in a private software company at Chandigarh. Complainant alleged that on 16.6.2018 said Baldev Raj had came to his village to attend a domestic function and complainant also came to his village on 20.6.2018 and today i.e. 21.6.2018 at around 4:00 a.m. complainant and his nephew Baldev Raj has started their journey on separate motor cycle from their village to Chandigarh. His nephew was driving motor cycle bearing no PB- 06-Y-1374 and complainant was driving on his separate motor cycle and was following Baldev Raj. Complainant further alleged that at about 5.00 a.m. when they reached Cheema Petrol Pump adjoining G.T. Road, Dasuya, then one tralla bearing no HP-38-C-2665 was parked in between the road without giving any indicator and resultantly, motor cycle of Baldev Raj got collided with the said tralla. Complainant stopped his motor cycle and alighted from the same but he found that his nephew Baldev Raj had succumbed to his head injury and had died on the spot. Complainant also alleged that the driver of the said tralla ran away from the spot. Complainant alleged that aforesaid death of his nephew had been caused due to the rash and negligent act of driver of the tralla in parking his tralla in between the road and without any indicator. He prayed for an appropriate action.

3. Upon the said statement endorsement was made by ASI Pawan Kumar and ruqa was sent to the police station upon which formal FIR was registered. Petitioner was arrested on 21.6.2018. His Driving licence as well as documents of vehicle were also taken into possession vide separate recovery memos. Medical evidence was collected. On completion of investigation and other necessary formalities, challan against above said accused was presented before the Court. Copies of challan and other documents, relied upon by prosecution, were supplied free of cost to him as envisaged under Section 207 Cr.P.C.

4. The parties were afforded due opportunity to lead their respective evidence. During the course of trial, the prosecution examined Dr. Namrata Puri, Medical Officer, Civil Hospital, Dasuya, as PW-1. She deposed that she had conducted the post-mortem examination on the dead body of Baldev Raj vide Post-Mortem Report bearing No. NP/06/2018 dated 21.06.2018 and recorded the presence of four distinct injuries on the person of the deceased.

5. PW-2, Dr. Palvi Mahajan, Junior Resident, Government Medical College, Amritsar, deposed that she had sent the