P.R. VELAYUDHIAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted and sentenced by the learned Judicial Magistrate Ist Class, Rajpura as under :-

(2.) THE case of the prosecution in brief is that H.C. Gulzar Singh (P.W.8) along with some other police officials had left Police Station Dera Bassi on Patrol duty and was going towards village Bhankerpur on the road. When the Police Party reached near the D.A.V. Higher Secondary School building at Dera Bassi at about 12.50 A.M. on the night intervening April 21 and 22, 1981, the Police Party found that Car No. CH 200 had been involved in an accident with a truck bearing registration No. HRE-138. The petitioner, who was driving the truck at that time, was standing on the spot. The afore-mentioned car was standing on the Kutcha berm of the road, whereas truck No. HRE-138 was standing more towards the right side of the road. Head Constable Gulzar Singh (P.W.8) sent ruqa (Exhibit P.W.8/A) to the Police Station, on the basis of which a case was registered against the petitioner. Shri R.P. Khosla (P.W.3), who was driving the car and sustained injuries in the course of this accident, had been taken to P.G.I., Chandigarh in another car. H.C. Gulzar Singh (P.W. 8) visited P.G.I. on April 23 and 24, 1981 to ascertain whether Shri R.P. Khosla was in a fit condition to make a statement, but the doctor Incharge informed him that the witness was not fit to make a statement before the Police. Ultimately on April 30, 1981 the statement of Shri R.P. Khosla was recorded by the investigation officer.

(3.) THE other important piece of evidence is the statement of H.C. Gulzar Singh (P.W.8) who appeared on the scene immediately after the occurrence and apprehended the petitioner on the spot. This witness also gave comparative location of the car and the truck, from which it can safely be inferred that the car driver tried his best to avoid the accident and the truck driver caused the same because of his rash and negligent driving. The photographs showing relative position of the car and the truck offer ample corroboration to the testimony of this witness.