BALVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE contour of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that on 3.2.2007, complainant Prem Chand Malhotra (PW4) (for brevity "the complainant") along with Bhupinder Singh son of Ajit Singh (PW5) was going from Sangrur to Patiala in Ford Icon car, bearing registration No.PB-11-T 5414. His nephew Anil Sharma son of Madan Lal was also going in a separate Car No.PB-11-W/4977. As soon as, at about 11.30 AM, the car of Anil Sharma reached near bus-stop of village Rajpura on Sangrur-Patiala GT Road, in the meantime, a bus of Pepsu Road Transport Corporation, bearing registration No.PB-13-H-0599 (for short "the offending bus") came from the side of Patiala, being driven in a rash & negligent manner and without blowing horn by petitioner-convict Balvir Singh and hit the car of Anil Sharma. The bus driver fled away from the spot. Due to this accident, Anil Sharma succumbed to the injuries at the spot. His car was also damaged.

(2.) LEVELING a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that the accident in question had taken place due to rash and negligent driving of petitioner-convict while driving the offending bus, in which, Anil Sharma had died. In the background of these allegations and in the wake of statement (Ex.PW4/A) of complainant Prem Chand Malhotra (PW4), a criminal case was registered against the petitioner-convict, by means of FIR No.15 dated 3.2.2007 (Ex.PW9/B), on accusation of having committed an offence punishable under section 304-A IPC by the police of Police Station Bhawanigarh, District Sangrur, in the manner depicted here-in- above.

(3.) THE prosecution, in order to substantiate the charges against the petitioner-convict, examined PW1 Dr.Jagmohan Singh, PW2 C.Avtar Singh, PW3 Karnail Singh, PW4 Prem Chand Malhotra (complainant), PW5 Bhupinder Singh eye witnesses, PW6 Deepak Arora, PW7 Kamlesh Kumari, PW8 retired Inspector Gurdial Singh and PW9 SI Bhinder Singh (Investigating Officer).