DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been preferred against the judgment dated 07.08.2008 passed by the learned Sessions Judge, Fatehgarh Sahib, vide which the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 21.10.2005 passed by the learned Additional Chief Judicial Magistrate, Fatehgarh Sahib, was dismissed.

(2.) Briefly, the version of the prosecution is to the effect that on 11.11.2000, Surinder Kumar-complainant alongwith his brother Raj Kumar and Naveen Kumar had hired a tempo bearing registration No.PB-03-2265 (for short, 'the offending vehicle') and had gone from Khanna to a village near Rajpura where Raj Kumar had to provide sound system in the program of a singer Jassi Jassranwala. After the program, they had started their return journey at about 11.35 p.m. When they were a little short of Sadhugaarh Chowk, the petitioner was driving the offending vehicle at a very fast speed in a rash and negligent manner. A combine was going ahead the offending vehicle. The petitioner tried to overtake the combine while driving the offending vehicle in rash and negligent manner and hit the offending vehicle in the cutter of the combine. The occurrence took place at about 12.30 a.m. in the intervening night of 11.11.2000 and 12.11.2000. Raj Kumar and Naveen Kumar alongwith the petitioner sustained injuries. The complainant Surinder Kumar had also sustained minor injuries. The cutter of the combine and the offending vehicle were badly damaged. The persons sitting in the combine took out the occupants of the offending vehicle. Parkash Singh was driving the combine bearing registration No.PJS-1453. Meanwhile, Sumesh Kumar arrived at the spot from the side of Doraha in his car. The petitioner managed to slip away from the spot on the pretext of making telephone call. The injured were shifted to the hospital in the police vehicle. However, Raj Kumar and Naveen Kumar succumbed to their injuries on the way. On the basis of statement of Surinder Kumar, case was registered. On completion of investigation, the challan was presented in the Court and a prima-facie case under Sections 279, 304-A, 337, 447 IPC was made out against the accused-petitioner. He was charge-sheeted accordingly, to which he pleaded not guilty and claimed trial.

(3.) In support of the case, the prosecution had examined as many as 10 witnesses, namely, Parkash Singh-PW-1, Karamjit Singh-PW-2 the eye witnesses to the occurrence, Surinder Kumar complainant-PW-4, HC Bhag Singh PW-5 witness to the recovery, Dr.Balwinder Singh PW-6 who conducted the post-mortem examination of the dead bodies. Brij Mohan PW-7 who identified the deceased during inquest proceedings, Bharpur Kumar PW-8 Photographer, HC Balwinder Singh PW-9 investigating officer of the case and Balbir Singh PW-10 Clerk in the office of the District Transport Office, Faridkot. Statement of the petitioner under Section 313 Cr.P.C. was recorded and he had examined Amit Aggarwal DW-1 and Balbir Kaur DW-2 Assistant Civil Hospital, Fatehgarh Sahib, during his defence evidence.