BALBIR SINGH Vs. STATE

JUDGEMENT

(1.) THE Applicant Balbir Singh has been convicted for the offence punishable Under Section 304A, IPC and sentenced to nine months' RI. After hearing learned Counsel for the Applicant and learned Counsel appearing for the State I have come to the conclusion that this revision must be allowed and the Applicant must be acquitted.

(2.) THERE is no controversy that on the early afternoon of 12 -2 -1967 one Bhagwan Das died as a result of truck No. 606 UPY striking a cycle which was being driven by one Sewa Singh On the Kotdwar Najibabad road. The case of the prosecution which has been accepted by the courts below is that whilst Sewa Singh was driving the cycle the deceased Bhagwan Dass was sitting on its carrier. As a result of the impact of the truck with the cycle they were both thrown out and the injury received by Bhagwan Dass was so serious that he died on the spot. The case of the prosecution that at the time of the aforesaid accident the truck was being driven by the Applicant Balbir Singh rested on the evidence furnished as a result of an identification proceeding conducted in the District Jail at Bijnor on 17 -4 -67 in the course of which the Applicant was identified by two witnesses, Balwant Singh (PW 4) and Sampuran Singa (PW 5) whose testimony has been accepted by the courts below. The learned Counsel for the Applicant has urged that the conviction of the Applicant merely on the aforesaid identification evidence is improper and reliance in support of this contention has been placed by learned Counsel on the decision of the Supreme Court in Komal Gope and Beni Gope v. State of Bihar Cr. A. No. 45 of 1965 Dl -23 -11 -1967. It appears that the aforesaid contention must be given effect to.

(3.) IT may be stated here that the Applicant pleaded not guilty and stated that he had brought the truck in question from Lucknow to Dhampur on 12 -2 -1967, that from Dhampur one Sardar Dayal Singh had taken the truck, that he was not driving the truck at the time the accident took place and that he (the Applicant) stayed at Dhampur. In the light of the aforesaid defence the crucial question which arose for consideration was as to whether, at the time of the accident on the Kotdwar Najibabad road, the Applicant was, driving truck No. UPY 606 and the answer to this question depended on the value to be attached to the evidence furnished by the two witnesses, namely, Balwant Singh, (PW 4) and Sampuran Singh, (PW 5) who identified the Applicant in the course of the identification proceedings in the District Jail, Bijnor.