SHAMSHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT criminal revision petition is directed against the impugned judgment dated 03.06.2015 passed by the learned Sessions Judge, Patiala, whereby appeal of the petitioner was dismissed and his conviction as well as sentence recorded by the learned trial Court, vide impugned judgment of conviction and order of sentence of even date i.e. 26.03.2014, was upheld.

(2.) BRIEFLY put, facts necessary for disposal of the present case, as recorded by the learned Sessions Judge, in para 2 of his impugned judgment, are that on 18.04.2010, complainant Sh. Faquir Chand son of Chiranji Singh of Chhimba community, resident of Village Bibipur, PS Julkan, Tehsil and District Patiala, aged 42 years, engaged in avocation of agriculture had gone to Chandandeep Petrol Pump, Near Tangri River, Patiala on Pehowa road on his bicycle to bring diesel. At about 6.00 pm, when he was returning home on his bicycle after taking diesel, he observed Boota Singh son of Sh. Urad Ram of his village going ahead of him on his motorcycle No. PB -11AK -3342 make Hero Honda. Balwinder Singh son of Mukhtiar Singh, resident of Village Bibipur, was pillion riding on that motorcycle. When they had gone upto a distance of about 60/70 yards from the petrol pump on the main road, in the meanwhile a car No. HR -99AG -T -4607 make Alto, came from Patiala side, being driven in rash and negligent manner and by going on wrong side, it hit the motorcycle being driven by Boota Singh. As a result the said motorcycle along with its riders Boota Singh and Balwinder fell on the road side. Both the riders suffered multiple injuries. Boota Singh succumbed to those injuries at the spot, whereas Balwinder Singh who had also sustained multiple injuries on his person was taken to Rajindra Hospital, Patiala in a vehicle. When the complainant while leaving Kuldeep Singh son of Ranjit Singh resident of Village Harigarh near the dead body of Boota Singh, was proceeding towards police post Roharjagir, to lodge the report regarding the accident, on the way near Tangri river bridge, he came across police party headed by HC Gurmeet Singh and got his statement Ex. P.W. 2/A recorded with him. In said statement, he stated that he came to know about the name of car driver as Shamsher Singh son of Gurnam Singh, resident of Village Pehowa (Haryana). The statement Ex. P.W. 2/A was signed by Faquir Chand in Punjabi and HC Gurmeet Singh attested his signatures. HC Gurmeet Singh appended his endorsement Ex. P.W. 5/B below such statement and sent ruqa to the police station through PHG Jasbir Singh at about 10.30 pm, on the basis of which, formal F.I.R. Ex. P.W. 5/C was recorded at PS Julkan, under signatures of ASI Nirmal Singh. The police party accompanied by complainant Faquir Chand then went to the place of accident. The investigating officer prepared rough site plan of place of accident with correct marginal notes as Ex. P.W. 5/E. He got the snaps of place of accident clicked from Nasib Singh, Photographer. Both the vehicles involved in the accident were taken into possession vide recovery memo Ex. P.W. 5/F, attested by CII Harnek Singh. The investigating officer carried out inquest proceedings with respect to unnatural death of Boota Singh and prepared inquest report Ex. P.W. 5/G. He drafted application Ex. P.W. 5/H for getting the post mortem examination conducted on dead body of Boota Singh and handed over the same to CII Harnek Singh for getting the needful done from Rajindra Hospital, Patiala. On return to the police station, he deposited the case property with MHC Sukhdev Singh.

(3.) ON 21.04.2010, Rajinder Kumar, mechanic tested both the vehicles involved in the accident and submitted test report with respect to motorcycle No. PB -11AK -3342 Ex. P.W. 4/A and car No. HR99 -AGT -4607 Ex. P.W. 4/B. During investigation, the investigating officer recorded statements of the witnesses. After completion of investigation and other formalities, challan against the accused was prepared and filed in the Court of Area Magistrate, Patiala.