IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on: 06.11.2025 Pronounced on: 26.11.2025 Jatinder Kumar @ Jindri ...Petitioner VERSUS State of Punjab ...Respondent CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Piyush Khanna and Mr. Karajveer Singh, Advocates, for the petitioner.

Mr. Saurav Verma, Addl. AG, Punjab.

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VINOD S. BHARDWAJ, J.

The instant revision petition has been preferred against the judgment dated 18.07.2025 passed by the Additional Sessions Judge, Hoshiarpur in CIS No.CRA-248-2017, whereby the judgment of conviction and order of sentence dated 10.07.2017 passed by the Chief Judicial Magistrate, Hoshiarpur in case bearing registration No.CHI/385/2014 arising out of FIR No.172 dated 28.12.2013 registered under Sections 279, 304-A, 427 of the Indian Penal Code, 1860 at Police Station City, Hoshiarpur had been partially allowed while maintaining the conviction, the punishment awarded by the Trial Court was modified by the Appellate Court and reads as under:-

2. Succinctly stated, the facts of the present case are that the complainant, Tarsem Lal, who is engaged in the business of selling fodder, was travelling on 28.12.2013, at about 5:30 p.m., on his scooter bearing Registration No. PB-07-J-9429, accompanied by one Brij Mohan Sharma. His son, Pawan Kumar, aged about 35 years, was travelling ahead of them on a separate Activa bearing Registration No. PB-07-AD-6256.When they reached in front of Sood Forex Western Union, Pahari Katra, a truck bearing Registration No. PB-08-BQ-3511 approached from the opposite direction at a high speed and the same was being driven in a rash and negligent manner. The said truck struck the Activa of Pawan Kumar. Due to the impact, Pawan Kumar fell on the road and the rear tyre of the truck ran over him, crushing his head and other body parts, resulting in his instantaneous death.While the complainant and Brij Mohan Sharma were attending to the injured Pawan Kumar, the driver of the truck alighted from the vehicle and fled from the spot, abandoning the truck. The complainant thereafter prayed for appropriate legal action against the driver of the offending vehicle.

3. On receipt of the aforesaid information, a formal FIR was registered. The Investigating Officer prepared a site plan and also clicked photographs of the place of incident. Inquest of the dead body was prepared and post-mortem was conducted. The petitioner was eventually arrested. An identification memo was also prepared. The relevant documents, including the registration certificate, driving licence, insurance policy in original, and a photocopy of the permit pertaining to the offending vehicle, were taken into police possession through separate recovery memos. Statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure. Upon completion of the investigation, a final report was presented against the petitioner.

4. Finding a prima facie case, charge under Sections 279, 304-A IPC was framed against the accused person, to which accused pleaded not guilty and claimed trial.

5. To establish its case, the prosecution examined PW-1, Inspector (Retd.) Harpal Singh, the Investigating Officer of the present matter. He deposed that on 28.12.2013, while posted at Police Station City, Hoshiarpur, he received information regarding an accident involving a truck and an Activa scooter in the area of Pahari Katra, Hoshiarpur. He immediately proceeded to the spot where the complainant, Tarsem Lal, recorded his statement (Ex. PA). The witness made his endorsement (Ex. PB) on the said statement and sent the ruqa through PHG Bhagat Ram, on the basis of which the formal FIR (Ex. PC) was registered by ASI Jagat Singh, whose signatures he duly identified. He further stated that he recorded the statement of Brij Mohan, marked as Ex. PC/1. He prepared the rough site plan (Ex. PD) and took into police custody both the Activa scooter and the truck involved in the accident vide recovery memos Ex