HARJINDER SINGH Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) THIS revision is directed against the judgement, dated 24.07.2000, rendered by the Court of Additional Sessions Judge, Chandigarh, vide which, it partly accepted the appeal, thereby reducing the substantive sentence, awarded to the accused, to one year from one and a half years, for the offence punishable under Section 304-A of the Indian Penal Code, against the judgement of conviction and the order of sentence dated 17.09.1999, rendered by the Court of the Additional Chief Judicial Magistrate, Chandigarh, vide which, it convicted the accused to undergo rigorous imprisonment for a period of four months for the offence punishable under Section 279 of the Indian Penal Code, and further sentenced him to undergo rigorous imprisonment for a period of one and a half years and to pay a fine of Rs. 1500/- for the offence, punishable under Section 304-A of the Indian Penal Code. In default of payment of fine, to further undergo rigorous imprisonment for three months, at the same time, directing that the substantive sentences shall run concurrently.

(2.) ON 12.12.1992, Lady Constable namely Narinder Kaur, No. 1719 C.P. Traffic Staff, Sector 17, Chandigarh, Lady Constable Surinder Kaur, No. 2068 C.P., and Jaswinder Singh, No. 770, Home Guard Volunteer of Traffic Staff, were on duty near the turning of Sectors 9/10 from 10 AM to 1.45 PM. At about 11.45 AM, when the complainant Lady Constable Narinder Kaur, was standing at the turning of Sector 10 and Lady Constable Surinder Kaur, No. 2068, was standing near the turning of Sector 9, regulating the traffic, a gypsy bearing registration No. CH-01-A-3422 being driven at a very fast speed came from the side of Punjab Civil Secretariat. Narinder Kaur, gave a signal to that gypsy to stop. A young man riding a cycle, however, stopped on such a signal, given by Narinder Kaur. However, the driver of the gypsy, in violation of the traffic signal, given by Lady Constable Narinder Kaur, hit the cyclist, as a result whereof, he was dragged to a distance The gypsy came to halt, at a little distance, ahead. Narinder Kaur, Lady Constable, and Surinder Kaur, Lady Constable, alongwith Jaswinder Singh, rushed to the site and found that the cyclist had suffered head injuries, which were bleeding and died at the spot. His age was about 17 years. The name of the driver of the gypsy was enquired. He disclosed his name as Harjinder Singh son of Kewal Singh, resident of Gurudwara Gursagar Sahib. In the meanwhile, another Traffic Constable Narinder Singh, arrived at the spot. It was stated that the accident had taken place, on account of the rash and negligent driving by Harjinder Singh, accused. On receipt of the information, with regard to the accident, Assistant Sub Inspector Bakshish Singh, alongwith other Police officials, reached the spot. He recorded the statement of Lady Constable Narinder Kaur PW1/A. The ruqa was sent through Constable Avtar Singh, on the basis whereof, the first information report PW9/B was registered. Rough site plan of the place of accident PW9/C, was prepared. Gypsy was taken into possession. A pair of hawai chappal, broken plastic piece of head light of gypsy, a broken piece of chain belt, a damaged bicycle, and broken glass pieces, were taken into possession, vide seizure memo PW1/B attested by the witnesses. Inquest report of the dead-body PW9/E was prepared by the Investigating Officer. The dead-body was removed to the General Hospital, Sector 16, Chandigarh, for post-mortem examination. The accused was arrested at the spot. The accused produced the driving license, which was taken into possession vide memo PW1/D attested by the witnesses. The site of the place of accident was got photographed by the Investigating Officer. The statements of the witnesses were recorded. The name of the dead person, came to be known as Jitender Kumar @ Raju son of Ram Chet Kanojia, resident of village Kumaria Ghat, P.S. Raja Sultanpur, District Faizabad (U.P.). On arrival of the relations of the deceased, on 14.12.1992, the dead- body was handed over to them. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Lady Constable Narinder Kaur (PW1), complainant, Jit Singh, Mechanic (PW2), Surinder Kaur (PW3), an eye-witness, DR. G. Verma, Medical Officer, Civil Dispensary, Sector 38, Chandigarh (PW4), Rattan Singh, Clerk, Office of the Licensing Authority (PW5), Rajiv Kumar, Junior Assistant, Office of the Deputy Commissioner, Chandigarh (PW6), Kishori Lal (PW7), Karnail Singh (PW8), and Bakshish Singh, Sub Inspector (PW9). Thereafter, the Additional Public Prosecutor, for the State, closed the prosecution evidence.