GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision is directed against the judgment dated May 15th, 2003 passed by Additional Sessions Judge, Rupnagar, whereby judgment of conviction and order of sentence dated April 11th, 2002 of Judicial Magistrate First Class, Kharar, were affirmed and the petitioner was convicted and sentenced as under :- <FRM>JUDGEMENT_876_TLP&H0_2011_1.html</FRM>

(2.) The factual background in nutshell is as follows:-

(3.) The eye witness account has been rendered by Sukhbir Singh (PW-4) and Gurmit Singh (PW-6). Both of them have deposed about the occurrence as narrated above. Both of them were cross-examined by counsel for the accused- petitioner but nothing material could be elicited from as could shake their evidence. They have categorically stated that on December 1st, 1996 at about 11 p.m, they were on patrol duty and were present on the extreme left side of the road in front of their police vehicle on Landra Bridge. The offending truck came from behind at a fast speed driven by the petitioner in rash and negligent manner and hit the police vehicle. Kesar Singh died on the spot and Gurmit Singh received multiple injuries. Their evidence is consistent with the site plan (Exhibit PW- 8/C) wherein the deceased and Gurmit Singh injured are shown to be standing on the left side of the road. Otherwise too, if the speed of the truck was not high and the driver was not negligent in driving the truck, the impact of the truck on the police vehicle would not have been so strong that it would result in causing fatal injuries to one person and grievous injury to another. Gurmit, in fact is, what in legal parlance is known as stamped witness. He also suffered injuries. The statement of such a witness cannot be discarded lightly. The eye witnesses have not only given a description of the occurrence but also they have brought home the act of rashness and negligence on the part of the petitioner. To cap it all, they had no extraneous reasons to depose falsely nor their testimony could be shaken despite searching questions put in the cross-examination.