BHAGWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MR . Baldev Kapoor appearing for the petitioner, at the outset has stated that since in the present case occurrence pertains to the year 1987 and petitioner has suffered protracted trial of 21 years, he will confine his arguments to reduction of the sentence. He has further sated that he has gone through the evidence and will not be in a position to dislodge the testimony of the witness, upon whom the two courts below have placed implicit reliance. He has further stated that he is conscious that the revisional Court will not be in a position to re-evaluate or reappreciate the evidence when findings of fact have been returned by the two Courts below.

(2.) THIS Court appreciate the fairness of Mr. Baldev Kapoor.

(3.) BRIEFLY stated, petitioner was nominated as accused in case FIR No.33 dated 08.02.1987 registered at Police Station Gobindgarh for offences under Section 279/337/304-A IPC. It has been stated by Gurmail Singh PW-2 that he was married to Harjinder Kaur daughter of Ujagar Singh about one year and three months ago. He has got a child Sharanjit Singh aged about three months and on the day of occurrence, he was going to his in-laws house on motorcycle No. PJV-4911 along with his wife Harjinder Kaur and his son Sharanjit Singh. When he had gone about half kilometer to area of village Ajnali, near old octroi post, a bus No. PUN-2542 of Banda Bahadur Transport Company, Ludhiana came in a rash and negligent manner and struck against the motorcycle of Gurmail Singh PW-2. Head of Harjinder Kaur struck against the bus and she fell down on the ground and died at spot. As a result of accident, his son Sharanjit Singh also received injuries. On the day of occurrence, witness Darbara Singh Numberdar was present there. Darbara Singh also appeared as PW-3 against the petitioner.