CRR No.2377 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.2377 of 2009 (O&M) Date of decision: 12.01.2011 Surinder Kumari Sharma ....Petitioner Versus Bhupinder Singh and another ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - None. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Complainant has filed the present revision challenging the order dated 2.7.2009 passed by Additional Chief Judicial Magistrate, Hoshiarpur, in complaint No.206 of 2006, thereby dismissing complaint filed by the revisionist/complainant. Brief facts of the present case are that revisionist/complainant has filed complaint before the learned Trial Court under Sections 302/304/34/120-B of the Indian Penal Code against the accused inter alia alleging that the complainant is daughter of deceased Pushpa Devi. On 16.7.2006, she along with her mother Pushpa Devi and Captain Hazara Singh were going to Gurudwara Bhikhowal to pay obeisance and when they reached at Bus Stand Bhikhowal, a Bus bearing registration No.PB-07R-4065 of Azad Transport Pvt. Ltd. came from the side of Hoshiarpur and accused No.1 was driving the said Bus. He was driving CRR No.2377 of 2009 (O&M) -2- the Bus in a rash and negligent manner. He without blowing any horn drove the Bus in a negligent manner and struck the bus against Pushpa Devi, mother of complainant and dragged her about two meter. She died immediately at the spot. Accused No.1 fled away from the spot while leaving the Bus there. The said occurrence was witnessed by complainant Surinder Kumari and Hazara Singh. Learned Trial Court has observed as under: - “Perusal of the file reveals that on the statement of Complainant Surinder Kumari, FIR No.3134 dated 16- 07-2006 under Sections 279/304-A of Indian Penal Code was registered copy of which is Ex. CW3/A. While recording her statement, at that time, Complainant Surinder Kumari had recorded in her statement to this effect that she alongwith her mother Pushpa Devi, at about 11.00 AM, had gone to Gurudwara Sahib Bhikhowal in a bus and after alighting from the Bus, they were crossing the road to go to Gurudwara Sahib, then from Hoshiarpur side a Bus of Azad Transport Company bearing registration No.PB-07R-4065 came with very rash and negligent manner and struck against her mother as a result of which right side tyre over run the body of her mother. Her mother Pushpa Devi succumbed to injuries at the spot itself. Later on, name of bus driver came to know as Bhinda. In her statement, at that time, she nowhere stated that she was very much certain that Bus was driven by Bhupinder Singh son of Swaran Singh, resident of Village Pandori Mayal, District Hoshiarpur. There, at that time, she stated that later on she came to know the name of driver as Bhinda; whereas in the present Complaint, she is saying that the Bus was driven by accused No.1 and accused No.2 had hired accused No.1 to kill her mother was having litigation with accused No.2. There is no such evidence on the file from which any such inference can be drawn. Moreover, at that time, she nowhere stated that the intention of bus driver was to kill her mother. The present complaint seems to be an after-thought version. It appears that the Complainant wants to settle some other scores in the garb of present complaint; whereas on her statement itself, a case under section 279/304-A IPC was already registered. Further in the said case, there is no medical evidence on the file. Further there is no evidence on the file that CRR No.2377 of 2009 (O&M) -3- it was accused No.2, who was driving that vehicle which hit her mother. As per the Complainant, the bus was of Azad Transport Company Pvt. Ltd. The Complainant has not bothered to summon any record from that Transport Company to prove that this fellow was driver of that impugned bus at that relevant date.” Having perused the record, I find no illegality or jurisdictional error in the observations/judgment made by the learned trial Court. No interference is called for. Dismissed. (Alok Singh) Judge January 12, 2011 R.S.