PRITPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present criminal revision petition is directed against the impugned judgment dated 27.10.2014 passed by the learned Sessions Judge, Sangrur, whereby appeal of the petitioner against the judgment of conviction and order of sentence of even date, i.e. 18.12.2013 passed by the learned Sub Divisional Judicial Magistrate, Sangrur, was dismissed and conviction as well as sentence awarded to the petitioner was upheld.

(2.) Brief facts of the case, as recorded by the learned Sessions Judge, in para 2 of the impugned judgment, are that on 7.1.2009, a telephonic message was received by MHC, Police Station, Sadar Sunam, from Police Station Mehlan, regarding admission of injured Jaswinder Singh son of Ajaib Singh in Civil Hospital, Sunam due to road side accident and his referral therefrom to Civil Hospital, Sangrur. On receiving the information, ASI Pritpal Singh, investigating officer of the case, reached civil hospital, Sangrur, where it was revealed that injured Jaswinder Singh got himself discharged for getting treatment in some other hospital. On 8.1.2009, it transpired that injured Jaswinder Singh was admitted in Rajindra Hospital, Patiala. Thereafter, ASI Pritpal Singh alongwith other police officials reached Rajindra Hospital, Patiala and moved application to know about fitness of the injured to make the statement. Doctor declared the injured to be fit to make the statement. On 9.1.2009, complainant got his statement recorded with the investigating officer to the effect that he was doing the course of electrician at ITI, Sunam and on 7.1.2009 at about 10:00 A.M., he alongwith Gurpiar Singh son of Ram Singh, resident of Khetla, Kuldeep Sharma son of Ram Rattan, resident of Banarsi and Sewa Singh, were to board mini bus bearing registration No. PB-13-S-9112 from Mehlan chowk for Sunam. Gurpiar Singh, Kuldeep Sharma and Sewa Singh boarded the bus but when the complainant tried to board the bus from its front window, conductor blew whistle as a signal to driver to move the bus. Driver immediately speed up the bus due to which the complainant lost grip of front window of the bus and had fallen from the bus, due to which his right leg was crushed under conductor side rear tyre of the bus. When the complainant raised alarm, driver of the bus stopped the bus near filling station. When friends of the complainant became busy in taking care of him, driver of the bus namely Pritpal Singh son of Amarjit Singh, resident of village Kapial alongwith the bus fled away from the spot. The accident took place on account of negligence of the driver while driving the bus in a rash and negligent manner. The complainant was rushed to civil hospital, Sunam, from where he was referred to civil hospital, Sangrur and then to Rajindra Hospital, Patiala. On 8.1.2009, complainant could not make statement as he was not feeling well. The aforesaid statement was read over to the complainant who signed the same after admitting its contents to be correct. The statement was sent to the police station on the basis of which, a formal FIR Ex.PW7C was registered at Police Station Sadar Sunam under Sections 279/337 of the Indian Penal Code ('IPC' for short), against the accused. Rough site plan was prepared by the investigating officer depicting the place of the accident. On receiving X-ray report declaring injury on the right leg as grievous, offence under Section 338 IPC was added and the accused was arrested. Statements of the witnesses were recorded and challan was presented against the accused under Sections 279/337/338 IPC. Challan having been presented, copy thereof alongwith documents attached therewith, was supplied to the accused. A prima facie case was found to be made out against the accused and they were charge sheeted for the offences punishable under Sections 279/337/338 IPC. Accused pleaded not guilty and claimed trial. In order to substantiate charges against the accused, prosecution examined as many as 11 PWs, besides tendering other relevant documents into evidence.

(3.) On closure of the prosecution evidence, statements of the accused were recorded under Sections 313 of the Code of Criminal Procedure ('Cr.P.C.' for short). All the incriminating material was put to the accused. Accused denied the allegations, alleged false implication and claimed complete innocence. However, no defence evidence was led.