STATE OF PUNJAB Vs. SOHAN SINGH

JUDGEMENT

(1.) The State has filed the present appeal for challenging the judgment dated 20.12.2002 passed by the Judicial Magistrate st Class, Ludhiana whereby the accused respondent was acquitted of the charges under Sections 304-A and 279 IPC.

(2.) According to the prosecution, the incident in question had taken place on the night intervening 17/18.3.1999 at about 1.00 a.m. when the L.P. truck bearing registration No.DIG 7421 driven by the accused-respondent in a rash and negligent manner struck against the jeep bearing registration No.DL-1CC-8198 driven by Chanchal Singh, who received injuries and succumbed to the same at the spot. Complainant-Mewa Singh claimed himself to be a witness of the occurrence as according to him he was sitting by the side of his brother Chanchal Singh, since deceased, at the time of the accident. Said Mewa Singh got recorded his statement Ex.PW5/A before ASI Vinod Kumar and on its basis, formal FIR was recorded at Police Station Dakha, District Ludhiana by SI Baldev Singh. After completion of the investigation and arrest of the accused, challan was presented and the accused was charged for the aforementioned offences. The accused pleaded not guilty and claimed trial. In support of its case, the prosecution examined PW1 Dr. U.S. Sooch, Medical Officer, Civil Hospital, Ludhiana, PW2 Jagjit Singh, PW3 Budh Singh, PW4 Ramji Dass, Mechanic, PW5 Mewa Singh, complainant and PW6 ASI Vinod Kumar. The case of the accused, when examined under Section 313 Cr.P.C., was of denial simpliciter. However, he did not adduce any evidence in support of his stand.

(3.) As mentioned above, the trial Court disbelieved the prosecution case and acquitted the accused of the charges against him. Having heard learned counsel for the parties, this Court finds that the presence of Mewa Singh at the time of the occurrence was highly doubtful. Had he been sitting in the jeep being driven by his deceased brother Chanchal Singh, he would have also received some injuries on his person. The fact remains that PW5 Mewa Singh had no injury on his person. Further, he had no occasion to be accompanying his deceased brother Chanchal Singh at the time of the accident as they resided in opposite directions as PW5 Mewa Singh was resident of village Bhagpur while deceased Chanchal Singh belonged to Jagraon.