215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:10.04.2026 Jaswinder Singh …Petitioner Vs.

State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present: Mr. Mandeep Kaushik, Advocate with Ms. Anju Sharma Kaushik, Advocate for the petitioner.

Mr. Charanpreet Singh, Addl. A.G., Punjab.

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N.S.Shekhawat J.

1. The petitioner has filed the present revision petition against the impugned judgment dated 03.06.2011, passed by the Court of Additional Sessions Judge, Faridkot, whereby, the appeal filed by the petitioner was ordered to be dismissed and the impugned judgment of conviction and order of sentence dated 06.04.2010, passed by the Court of Judicial Magistrate Ist Class, Faridkot, whereby the petitioner was ordered to be convicted for the offence punishable under Sections 279 and 304-A of IPC and was sentenced as under:-

2. The brief facts of the prosecution case are that on 17.10.2004, on receipt of intimation regarding the admission of injured Garja Singh in G.G.S, Medical College, Faridkot, due to accident, ASI Des Raj of Police Station Sadar Kotakpura, visited G.G.S Medical College, Faridkot on 17.10.2004 and 18.10.2004 and obtained opinion of the doctor regarding his fitness but the doctor declared him unfit to make the statement. On 23.10.2004, H.C Gurpreet Singh along with other police officials was present in Bus Adda Panj Grain Kalan, where Kuldip Singh son of Garja Singh got recorded statement alleging that on 16.10.2004, he and his brother Nirmal Singh had gone to grain market, situated on Lande Road, to do the labour work. In the evening, his father Garja Singh had come to meet them. At about 5.00 PM, when he was about to approach the road to return to his village, a Bajaj Boxer motor cycle being driven by Jaswinder Singh @ Bhola son of Gurmail Singh of his village very rashly and negligently came and on the rear seat of the motor cycle, his relative, resident of Beguwala was sitting. Motor cycle was of his (accused) relative. Within their sight, Jaswinder Singh without blowing horn, struck the motor cycle against his father very rashly, due to which his father fell on the road and his father suffered injuries on the head and ear, They took their father to Preet Hospital, Kotkapura for treatment and after giving first aid to their father, they brought him to their house. On the next day, as the condition of his father became more serious, his brother-in-law Boota Singh got him admitted in G.G.S Medical Hospital, Faridkot, where, he was being medically treated. Talk for compromise was going on but the same could not be effected. Condition of his father was very serious and he had gone in his relations for making arrangement of money. Statements of the witnesses were recorded. After completion of investigation, challan against the accused was presented in the Court.

3. After perusing the challan and accompanying documents, the Trial Court found that a prima facie case under Sections 279 and 304-A of IPC was made out against the petitioner and he was charge-sheeted accordingly. However, the accused pleaded not guilty and claimed to be tried by the Trial Court.

4. In order to prove the charge against the petitioner, the prosecution examined 05 witnesses. PW-1 Kuldip Singh, complainant, PW-2 H.C Gurpreet Singh, PW-3 H.C Rajender Kumar, PW-4 Nirmal Singh and PW-5 Dr. Kuldip Kumar and closed the prosecution evidence.

5. After the closure of the prosecution evidence, the statement of petitioner was recorded under Section 313 Cr.P.C and all the incriminating evidence was put to him, to which he pleaded that he had been falsely involved in the p