Crl. Rev. No.2358 of 2002 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.2358 of 2002 Date of Decision: 10 - 5 - 2010 Prithipal Singh .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Veneet Sharma, Advocate for the petitioner. Mr.J.S.Bhullar, AAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J. The present revision petition has been filed by Prithipal Singh. He was named as an accused in a case, FIR No.47 dated 7.4.1995 registered at Police Station Sadar, Amritsar under Sections 304-A, 279, 337, 338 and 427 IPC. The Court of Additional Chief Judicial Magistrate, Amritsar vide its judgment dated 29.2.2000 held the petitioner guilty of offence under Sections 304-A and 279 IPC and vide a separate order of even date sentenced him to undergo rigorous imprisonment for one year under Section 304-A IPC and to pay a fine of Rs.2,000/-. In default of payment of fine, he was sentenced to further undergo imprisonment for 7 days. He was further Crl. Rev. No.2358 of 2002 [2] sentenced under Section 279 IPC to further undergo rigorous imprisonment for two months and to pay a fine of Rs.500/-. In default of payment of fine, to undergo imprisonment for 7 days. Both the sentences were ordered to run concurrently. Aggrieved against the judgment of conviction and order of sentence dated 29.2.2000 pronounced by the trial Court, petitioner filed an appeal. The appeal was dismissed on 2.8.2002, vide which conviction was upheld and the order of sentence was maintained. The present revision petition was filed in this Court on 15.11.2002 and after condonation of delay, it was admitted on 14.1.2003. The petitioner was released from jail by giving him the benefit of Government remissions. Therefore, as per record, petitioner had already undergone his sentence. Dalbir Singh PW6 on 7.4.1995 had made a statement, Ex.PA, to ASI Sardool Singh PW11, Police Post Verka stating that he was resident of Village Dhol Kalan and was doing labour work. On 7.4.1995, he along with his wife Rattan Kaur and daughter Rajinder Kaur aged 2 years boarded a bus from Bus Stand, Verka bearing registration No.PB-12A-9404 belonging to Punjab Roadways, Batala Depot for returning to his native village from the village of his in-laws Fatehgarh Shukrachak. The bus was going towards Amritsar. When it reached little ahead of Railway crossing Verka, it was 6.00 P.M. Then from the side of Amritsar, a Punjab Roadways bus bearing registration No.PB-12A-9429 driven by a Sikh gentleman came at a very high speed in a rash and negligent manner. That bus while being driven from a wrong side had hit the bus in which complainant-Dalbir Singh was travelling. The bus from driver's side was Crl. Rev. No.2358 of 2002 [3] badly damaged and many passengers were injured. Due to the accident, his wife Rattan Kaur, daughter Rajinder Kaur, Mahinder Kaur wife of Niranjan Singh, Bittu son of Mukhtiar Singh and two more unknown persons died and many passengers were injured. Driver of the bus decamped from the spot. The above-said FIR was investigated and a report under Section 173 Cr.P.C. was submitted. In the accident, six persons had died and about seven persons received injuries. Since the petitioner, being driver of the offending bus bearing registration No.PB-12A-9429 had driven the bus rashly and negligently so as to endanger human life, he was charged for offence under Section 279 IPC, for causing death of six persons under Section 304-A IPC and for causing injuries to about seven passengers, he was charged for offence under Section 337 IPC. The petitioner pleaded not guilty and claimed a trial. Thereafter, the prosecution commenced its evidence. PW1 Dr.Gurmanjit Rai had conducted autopsy on 8.4.1995 on the dead bodies of Rajinder Kaur, daughter and Rattan Kaur wife of complainant Dalbir Singh. PW5 Dr.Gurpal Singh had conducted autopsy on 8.4.1995 on the dead body of unknown person, aged 32/33 years. He also conducted the post-mortem on the same day on the dead body of another unknown person, aged 30 years. Prosecution examined a Photographer, Ranjit Singh, PW2, who had proved photographs of the spot as Exs.P10 to P18 and their negatives as Exs.P1 to P9. Raju PW3 stated that his father Bal Kishan died in the accident. Crl. Rev. No.2358 of 2002 [4] He identified his dead body. Harbans Singh PW4 stated that Bittu was his grandson and Mohinder Kaur their relation had expired in the accident. He identified their dead bodies. Complainant Dalbir Singh PW6, Balwinder Kaur PW7 and Kuldip Kaur PW8 were passengers of the bus and they deposed that the accident had taken place due to rash and negligent driving by the petitioner. PW10 Constable Jagbir Singh had conducted mechanical test of two buses which collided and proved mechanical reports Ex.PW10/A and PW10/B. ASI Sardool Singh PW11 was the Investigating Officer who proved recording of the FIR, inquest proceedings and various other facets of the investigation. Sudarshan Kumar PW12 was a Mechanic of Punjab Roadways, Batala Depot. He was travelling in the bus which was driven by the petitioner. He proved identity of the petitioner as a driver of the bus which had caused the accident. He also stated that petitioner was driving the vehicle rashly and negligently. Furthermore PW14 Raj Rani was also a passenger of the bus which was driven by the petitioner. She stated that driver of the bus was not driving the bus in a rightful manner. Therefore, identity of the petitioner as driver of the offending bus has been proved from testimonies of Sudarshan Kumar PW12 and Raj Rani PW14 who were travelling in the bus driven by the petitioner. Furthermore Sudarshan Kumar was posted as Mechanic in Punjab Roadways, Batala Depot and being an employee of Punjab Roadways, Crl. Rev. No.2358 of 2002 [5] petitioner was well known to him. In the present accident, six passengers lost their lives and about seven persons received the injuries. From the testimonies of Dalbir Singh PW6, Balwinder Kaur PW7 and Kuldeep Kaur PW8, it has been proved that the bus was driven by the petitioner in a rash and negligent manner. Both the Courts below have given a categoric finding regarding guilt of the petitioner. No patent illegality or irregularity is discernible from the judgments of both the Courts below. No law point has been urged. The argument raised that prosecution failed to establish identity of the petitioner as driver of the offending bus and the petitioner was not driving the bus rashly and negligently, cannot be sustained in view of the well reasoned findings of both the Courts below which are based on appreciation of evidence. Further more I have also examined testimonies of PW6 Dalbir Singh, PW7 Balwinder Kaur and PW8 Kuldeep Kaur. They inspire confidence. Two passengers travelling in the bus driven by the petitioner, namely, PW12, Sudarshan Kumar Mechanic and PW14 Raj Rani also advanced case of the prosecution. Thus, there is no merit in the present petition and the same is liable to be dismissed. For the aforesaid reasons, the present revision petition, being devoid of any merit, is dismissed. ( KANWALJIT SINGH AHLUWALIA ) May 10, 2010. JUDGE RC