JASPAL SINGH Vs. U.T., CHANDIGARH

JUDGEMENT

(1.) Present criminal revision petition is directed against the impugned judgment dated 01.02.2002 passed by learned Additional Sessions Judge, Chandigarh, whereby appeal of the petitioner against the impugned judgment of conviction dated 10.10.2000 passed by learned Judicial Magistrate 1st Class, was dismissed, upholding the impugned judgment of conviction and order of sentence of the petitioner, for the offences punishable under Sections 279/304-A of the Indian Penal Code ('IPC' for short). Brief facts of the case, as noticed by the learned Additional Sessions Judge in para 2 of the impugned judgment, are that the Station House Officer of Police Station, Central, Chandigarh laid a charge-sheet against the petitioner in the Court of Illaqa Magistrate, Chandigarh to stand his trial for the offences under Sections 279, 337 and 304-A IPC. The facts of the case of the prosecution are that on 16.05.1994, Investigating Officer of this case SI Prem Chand received an information regarding an accident. That he accompanied by Constable Bahadur Singh reached at the place of accident near Cricket Stadium Chowk. That complainant Mohan Lal met him there and made his statement. Complainant Mohan Lal stated in his statement to SI Prem Chand that on 16.05.1994 his son was admitted to PGI, at Sector-12, Chandigarh. That on that date, the complainant was proceeding on his bycycle on the road of Sectors 22/23, Chandigarh. At about 8.30 P.M., when the complainant reached 300 steps behind the Stadium Chowk, a Moped driver crossed him from behind and went ahead. That a scooter being driven by a clean shaven person was coming from his front side. That the scooterist was driving the scooter rashly and negligently and was proceeding from the side of Cricket Stadium. That the scooterist struck the scooter into the Moped by driving it rashly and negligently. That the driver of the Moped fell down and the scooterist was also unable to balance himself and fell down. That the driver of the Moped was Deepak Anand, who was nephew of Mohan Lal from the relations. The driver of the Moped sustained injuries on his head and the scooterist disclosed his name as Jaspal Singh son of Santokh Singh, resident of House No.1519, Sector 47-D, Chandigarh. The number of scooter was CH- 01-J-358 and the number of the Moped was CH-01-A-9417. That the Moped driver was removed to the hospital. The complainant stated in his statement to SI Prem Chand that the accident took place due to rash and negligent driving of Jaspal Singh scooterist. SI Prem Chand made his endorsement on the statement of complainant Mohan Lal and sent it to the police station for the registration of a case against the petitioner. SI Gulshan Kumar recorded the FIR at Police Station, Central, Chandigarh. The Investigating Officer SI Prem Chand prepared rough site plan of the place of accident at the identification of Mohan Lal complainant. He reached at the hospital and moved an application for seeking fitness of injured Deepak Anand to make a statement but Deepak Anand was brought dead there. He held inquest report on the dead body of Deepak Anand and got his dead body post-mortemed. During the course of investigation, the Investigating Officer also took into police possession the scooter and Moped involved in this accident vide separate recovery memos. He got the vehicles involved in this accident mechanically tested from the mechanic during the course of investigation. He recorded the statements of the witnesses, during the course of investigation. He arrested the petitioner and on completion of necessary investigation, challan was presented against the petitioner in the Court of learned Illaqa Magistrate, Chandigarh.

(2.) The challan having been presented by the investigating agency, copy thereof along with documents attached therewith, was supplied to the accused, as required under Section 207 of the Code of Criminal Procedure ('Cr.P.C.' for short). Having found a prima facie case, charges were framed against the accused-petitioner for the offences punishable under Sections 279, 304-A IPC. Accused pleaded not guilty and claimed trial. With a view to substantiate the charges against the petitioner, prosecution examined as many as eight prosecution witnesses, besides producing the relevant documentary evidence on record. On closing the prosecution evidence, statement of accused-petitioner was recorded under Section 313 of CR.P.C. All the incriminating material brought on record, was put to the accused. He denied the allegations, alleged false implication and claimed complete innocence. However, he did not produce any evidence in his defence.

(3.) After hearing learned counsel for both the parties and going through the evidence brought on record, learned Judicial Magistrate 1st Class, Chandigarh came to the conclusion that the prosecution has brought home the guilt against the accused. Accordingly, the accused was held guilty and was convicted for the offences punishable under Sections 279/304-A IPC vide impugned judgment of conviction dated 10.10.2000. Vide impugned order of sentence of even date i.e. 10.10.2000, the learned trial Court awarded the sentence to the convict-petitioner to undergo R.I. for one year with a fine of Rs.300/- for the commission of offence under Section 304-A IPC and in default of payment of fine, he was ordered to further undergo R.I. for 01 month. Convict was also sentenced to undergone R.I. for 04 months for the commission of offence under Section 279 IPC. Both the sentences were ordered to run concurrently.