JUDGEMENT
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(1.)Petitioner has assailed the judgment dated 20.01.2015 passed by Additional Sessions Judge, Ludhiana, remanding the case back to Judicial Magistrate Ist Class, Ludhiana.
(2.)Learned counsel for the petitioner states that petitioner faced trial in FIR No.151 dated 09.11.2006 under Sections 279, 304-A, 427 IPC, P.S. Habiwal, District Ludhiana. Petitioner was driving a three-wheeler for GRD Academy. Anmoldeep daughter of Shaminder Singh, aged about 7 years was also travelling in the three-wheeler. There were five children sitting in the three-wheeler. When the three-wheeler reached Haqiqat Nagar at about 7.40 a.m., a motorcycle make Pulsar of red colour dashed into three-wheeler in a rash and negligent manner. Three-wheeler turned and the children sitting in it fell down. Anmoldeep also fell down and came under three-wheeler and suffered injuries. She succumbed to the injuries on the way to Hospital. The driver of the motorcycle fled away from the spot.
(3.)FIR was registered. After leading the evidence, trial Court held Navpreet Singh guilty under Section 279 and 304-A IPC and convicted him. He was sentenced to undergo rigorous imprisonment for 6 months along with fine of Rs.500/- under Section 279 IPC and in the event of default of making payment of fine, to further undergo simple imprisonment for 30 days. He was also sentenced rigorous imprisonment for 2 years along with fine of Rs.1000/- under Section 304-A IPC and in the event of default of making fine, he was to undergo simple imprisonment for 60 days.
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