BALDEV SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) PRESENT criminal revision petition is directed against the impugned judgment dated 23.11.2010 passed by learned Additional Sessions Judge, Ludhiana, 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. 02.07.2009, was upheld.

(2.) BRIEFLY put, facts necessary for disposal of the present case, as recorded by the learned Additional Sessions Judge, in para 2 of his impugned judgment, are that on 01.10.1999 a ruqa No. 862 dated 01.10.1999 was received by ASI Jarnail Singh from Satluj Hospital, Ludhiana. On this, he went to Satluj Hospital for recorded the statement of injured Anjay Kumar where doctor opined the injured not to be fit for making statement. Thereafter on 02.10.1999 ASI Jarnail Singh along with CII Harjinder Singh and other police officials again went to Satluj Hospital to record the statement of injured Anjay Kumar and doctor again disclosed that the injured is not to be fit for making statement. When ASI Jarnail Singh along with other police party went back to the police station and then outside the gate of said Hospital, one person namely Laxman Tiwari complainant met them who got recorded his statement with the I.O. ASI Jarnail Sing to the effect that he is resident of c/o Gurbax Singh, Mohalla Guru Amardass Nagar, New House of Professor C.P. Singh, Lodhi Club, Ludhiana and he is having five sons and two daughters namely Sanjay aged about 18 years. Ranjay of 16 years age, Anjay of 14 years age, Ram of 12 years age, daughter Mata age about 10 years, Gopal of 7 years old and another daughter age about 5 years old. The complainant further stated that his son namely Anjay Kumar had been serving with Pritam Singh Behrrowal resident of 42, Ranjit Park, Ferozepur Road, Ludhiana for the last six years and he was residing with his owner. On 01.10.1999 at about 4 P.M. he went to the house of owner of Anjay to see his son Anjay where he came to know that on the rehri, his son had already gone to Aggar Nagar at the instance of his owner in connection with personal work and then he stopped at the shop of Ram Kumar Jha Panwala for the smoking of Birri. In the meantime, Ram Kumar Jha gave a signal to him, his son Anjay along with rehri came from the side of Aggar Nagar and he (complainant) saw him and while he was seeing his son, one truck came from the side of Aggar Nagar in a rash and negligent manner and without blowing any horn struck behind the rehri of his son Anjay and due to this accident, his son Anjay had suffered several injuries and his rehri was also broken. Then he along with Ram Kumar Jha came at the spot and truck driver of the offending truck No. PB -10AD -9704 took his son in serious condition to Satluj Hospital. Truck driver also disclosed his name to be Baldev Singh son of Sh. Bachan Singh Jat, resident of Jassowal Kular, Police Station Sudhar, Ludhiana. In the end, complainant prayed that proceedings be initiated. Thereafter, further investigation was started. On 03.10.1999 accused was arrested in this case. Due to serious injuries, injured succumbed to the same. Offending truck along with documents was taken into possession vide separate memo, site plan was prepared at the spot and statements of the witnesses were recorded. After completion of other legal formalities, challan against the accused was presented before the Court for trial.

(3.) IN order to substantiate the charges framed against the accused, prosecution examined as many as 08 PWs, besides producing on record other relevant documentary evidence. On conclusion of the prosecution evidence, statement of accused was recorded under Section 313 of Cr.P.C. All the incriminating material brought on record, was put to the accused. Accused denied the allegations, alleged false implication and pleaded complete innocence. Opting to lead his defence evidence, accused produced one witness namely Nirmal Singh as DW1.