MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NO body appears on behalf of the petitioner. On the last date of hearing also, there was no representation on behalf of the petitioner and the matter was adjourned for today with a direction to the Registry to issue actual date notice to the petitioner for today. It is reported by the Registry that notice has been duly served upon the petitioner through his son, inspite of that, petitioner has chosen not to come present. In the circumstances, I have heard learned State counsel and have perused the record as also the grounds of revision pleaded by the petitioner.

(2.) IN the grounds of revision, the petitioner has stated that case of the prosecution is based on evidence of PW7 Constable Jasmail Singh but his presence at the place of occurrence is highly doubtful because it has come in the evidence of PW8 ASI Gurcharan Singh that no police official was present at the place of occurrence. Further, PW7 Constable Jasmail Singh has failed to tell the actual colour of the bus and has also stated that driver of the bus did not try to run away but inspite of that, he was not arrested on the spot. These circumstances also render absence of Constable Jasmail Singh at the place of occurrence highly doubtful. It has also been contended that no test identification parade was held to fix identity of the petitioner as author of the occurrence though such an identification parade was necessary as Suraj Kali wife of the deceased has failed to identify the appellant as the person responsible for causing the occurrence.

(3.) LEARNED State counsel, however, defends the impugned judgment/order and submits that in the evidence of PW7 Constable Jasmail Singh, the occurrence as well as identity of the petitioner as author of the occurrence have been sufficiently proved and that being so holding of the identification parade was unnecessary and the petitioner cannot be allowed any benefit of failure of PW3 Suraj Kali to identify the petitioner as driver of the ill -fated bus.