S. No.202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

CRR No.1612 of 2011 Date of Decision:07.11.2025 Ashwani Kumar .....Petitioner Vs.

State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present:- Mr. S.K. Bansal, Advocate for the petitioner.

Mr. Jatinder Pal Singh, Sr. DAG, Punjab.

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Yashvir Singh Rathor, J. (Oral)

1. Present revision petition has been filed against the impugned judgment dated 12.10.2004, passed by learned SDJM, Phagwara, whereby the petitioner has been convicted for the offences under Sections 279 and 304-A IPC, and was sentenced to undergo Rigorous Imprisonment for a period of six months for the offence under Section 279 IPC. He was also sentenced to undergo Rigorous Imprisonment for a period of two years besides fine of Rs.1,000/- under Section 304A IPC for causing the death of Balwinder Pal, and in default of payment of fine, he was ordered to undergo simple imprisonment for a period of two months. Besides this, he was also sentenced to undergo Rigorous Imprisonment for a period of two years and to pay a fine of Rs.1,000/- for the offence under Section 304-A IPC for causing the death of Tara Chand and in default of payment of fine, he was ordered to undergo simple imprisonment for a period of two months, as well as judgment dated 28.04.2011 passed by learned Additional Sessions Judge, Kapurthala in CRA-66/2004, vide which appeal filed by the petitioner against the judgment dated 12.10.2004, passed by learned SDJM Phagwara, has been dismissed.

2. The present case was registered on the basis of statement given to the Police by Ram Kishan son of Jawara Ram with the allegations that he along with his son-in-law Banarasi Dass was going to Phagwara for their private work while his son Tara Chand and nephew Balwinder Pal were also going to Phagwara on Scooter bearing PB-37-2607 owned by Balwinder Pal which was being driven by said Balwinder Pal while Tara Chand was riding the pillion. He was following the scooter of Balwinder Pal. At about 01:45 PM, when the scooter of Balwinder Pal reached near the Post Office, Satnampura and he was about 20/25 yards behind him, one tractor trolley bearing No.PB-37-2607, make Swaraj came from the opposite side at a fast speed which was being driven rashly and negligently. One Santro Car bearing No.PB-36-B-1501 was also coming from the opposite direction and while overtaking the tractor trolley, the car hit the scooter of Balwinder Pal, as a result of which, the scooter got imbalanced. Balwinder Pal could not control the scooter due to the collision by the car and both the occupants of the scooter fell on the road and they got crushed under the right side tyre of the trolley of the tractor which was also coming at a high speed. The tractor was being driven by Ashwani Kumar – petitioner, who ran away from the spot leaving behind the tractor trolley. The driver of the Santro Car also stopped the car at a little distance but he also ran away whose name later on came to be known as Jagjit Singh. Many persons gathered at the spot and they all took Balwinder Pal and Tara Chand to the hospital for treatment where Tara Chand was declared dead while Balwinder Pal was referred to DMC, Ludhiana but he also died during the treatment. ASI Jatinder Kumar made an endorsement on the said statement and sent ruqa to the Police Station, on the basis of which formal FIR was registered. Investigating Officer visited the place of accident and prepared the rough site plan and took into possession all the three accidental vehicles vide Memo Ex.PW4/G. Thereafter, all the vehicles were got mechanically examined. The inquest proceedings in respect of the dead bodies of Tara Chand and Balwinder Pal were prepared and the post mortems were got conducted. Rough site plan of the place of accident was prepared. Statement of witnesses were recorded. Accused were arrested and after completion of investigation, final report was presented in the Court for trial.

3. The copy