Criminal Revision No.1522 of 2001 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Bhupinder Singh PETITIONER VERSUS State of Punjab RESPONDENT CORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL Present:- Shri Gurpartap Singh Gill, Advocate for the petitioner. Shri Satinder Singh Gill, Additional A.G. Punjab. MEHTAB S.GILL, J. This is a revision filed by Bhupinder Singh son of Kartar Singh against the judgment dated 3.10.2001 of the learned Additional Sessions Judge, Ropar whereby he dismissed the appeal filed by the petitioner. Vide his judgment/order dated 26.11.1997, the learned J.M.I.C., Kharar convicted Bhupinder Singh under Section 279 I.P.C. and sentenced him to undergo RI for 4 months. He further convicted Bhupinder Singh under Section 304-A I.P.C. and sentenced him to undergo RI for 1 year and to pay a fine of Rs.400/-, in default, to further undergo S.I. for 15 days. The case of the prosecution is that F.I.R. Ex.PA was registered on the Criminal Revision No.1522 of 2001 -2- statement of Didar Singh, who stated that he is running a motor cycle repair shop at Village Landran. On 16.12.1994 in the evening after closing his shop, he was going on his cycle towards Village Behrampur. In front of him one cyclist was also going towards Behrampur. When he reached near the house of Harcharan Singh son of Raja Singh resident of Village Landran, bus No.PB-11/9470 driven by accused/petitioner Bhupinder Singh came from the side of Banoor in a very rash, negligent and high speed and hit the cyclist. It was about 6.40 p.m. The cyclist fell down on the road and suffered multiple injuries on his person. The cyclist who was a Sikh gentleman, was aged about 35 years. The name of the driver was Bhupinder Singh son of Kartar Singh. The bus was of Pepsu Roadways. The cyclist was taken in the bus by the driver and conductor to the General Hospital, Sector 16, Chandigarh for treatment. Later on complainant came to know that the cyclist died on 17.12.1994. The accident was also witnessed by Harcharan Singh who was standing outside his house. On the basis of this statement F.I.R. Ex.PA was registered under Sections 279/304-A I.P.C. The prosecution to prove its case, brought into the witness-box Didar Singh PW-1, Dr.Gulshan Rai PW-2, Harcharan Singh PW-3, Bahadur Singh Inspector PW-4, Karam Chand Mechanic PW-5, Umrao Singh PW-6, ASI Rajwinder Singh PW-7, Kharaiti Lal PW-8 and Dr.Arjan Singh PW-9. In defence, Ajit Singh was examined as DW-1 and Ujagar Singh as DW-2. I have heard the learned counsel for the parties and perused the impugned judgment and record with their assistance. The deceased in this case was now known to the complainant and was cremated by the Municipal Committee. The application Ex.PW7/D shows that the dead-body was given to the E.M.O., Kharar for cremation. The occurrence was witnessed by Didar Singh PW-1 and Harcharan Singh PW-3. Didar Singh PW-1 Criminal Revision No.1522 of 2001 -3- supported the case of the prosecution, but Harcharan Singh PW-3 did not support the case of the prosecution and was declared hostile. On a perusal of the statement of Didar Singh PW-1, it shows that he identified the driver of the bus in Court. He came to know about the name of the driver when the Conductor of the bus called his name. Didar Singh PW-1 in fact, is an independent witness. I do not find any infirmity in the judgment of the learned trial Court. Conviction of the petitioner is maintained. Sentence being on the higher side, is modified to the extent already undergone. With the above modification in sentence, revision is dismissed. (MEHTAB S.GILL) March 2, 2009 JUDGE GD WHETHER TO BE REFERRED TO REPORTER? YES/NO