220 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:06.04.2026 Paramjit Singh …Petitioner vs.

State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Vivek Aggarwal, Advocate and Ms. Mahima Dogra, Advocate (Legal Aid Counsel)

for the petitioner.

Mr. Bhanu Pratap Singh, Addl. A.G. Punjab.

***

N.S.Shekhawat J. (Oral)

1. The petitioner has filed the present revision petition against the impugned judgment dated 26.02.2008 passed by the Court of Sessions Judge, Mansa and the judgment of conviction and order of sentence dated 21.09.2006 passed by the Court of Judicial Magistrate 1^st Class, Mansa, whereby the petitioner was convicted for the commission of offences punishable under Section 304-A of IPC and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,00/- alongwith default stipulation. 2. The brief facts of the case are that on 25.11.2000, Daya Nand son of Nathu Ram, resident of Ward No.11, Budhlada, got recorded his statement to the Police that he was residing along with his family, in the house adjoining to the house of his maternal uncle Munshi Ram son of Aad Ram. Satpal @ Bhole Nath son of Jagdish Rai, Dhanak, the grandson of Munshi Ram had taken a contract of loading and unloading grains at village Dhaiyai. On that day, the complainant along with his cousin Rajinder Kumar and Satpal @ Bhole Nath, the sons of his maternal uncle went to village Dhaipai. The accounts of Satpal were got settled with Satpal, Commission Agent. After settling the account, all of them were going on their cycles. Satpal @ Bhole Nath was going ahead of them on his cycle. At around 4.00 / 4.15 p.m., when they crossed Bhikhi, a canter, which was being driven at a very high speed and in negligent manner came from the opposite side and struck against the cycle of Satpal. Satpal got injuries and died at the spot. The canter was also over turned. The complainant and Rajinder Kumar parked their cycles there and went to the driver of the canter. On being asked, the driver disclosed his name as Paramjit @ Bunty, resident of Ambala. The number of the canter was HR-37-5802. When they went to Satpal, the driver fled away. Satpal died due to the negligence of driver Paramjit Singh. The cycle of Satpal was also damaged. Rajinder Kumar took care of the dead body of Satpal and he himself reported the matter to the police. On the statement of the complainant, FIR No. 107 dated 25.11.2000, under Section 304-A of the Indian Penal Code in Police Station, Bhikhi, was registered against the accused.

3. After completion of investigation, challan was presented before the Area Magistrate. The trial Court found that a prima facie case under Section 304-A of IPC was made out against the petitioner and he was ordered to be charge-sheeted accordingly, to which, he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined PW-1 Dr. Yashpal Garg, Medical Officer, PW-2 Lal Singh, Photographer, PW-3 Mohinder Pal, Mechanic, PRTC, Budhlada, PW-4, Daya Nand Complainant, PW-5 ASI Surjit Singh, PW-6 HC Jagdev Singh, PW-7 Rajinder Kumar, eye-witness of the accident and thereafter, the prosecution evidence was closed.

5. After closure of the prosecution evidence, the statement of the petitioner under Section 313 Cr.P.C. was recorded and all the incriminating circumstances were put to him. However, he denied all allegations and pleaded false implication in the present case. In his defence, the petitioner examined DW-1 Balwant Ram in defence and then, he closed his evidence.

6. At the very outset, learned counsel for the petitioner submits that he does not wish to challenge the judgments of conviction passed against the petitioner by both the Courts, however, some leniency may be shown, while awarding the sentence on him. Even though, learned counsel for the petitioner has not challenged the judgment of conviction, still this Court has examined the entire case on merit