IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 3081 of 2010 (O&M) Date of decision: August 12, 2011 Jang Singh .. Petitioner Vs. State of Punjab .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Kulbir Singh, Advocate for the petitioner. Mr. Baljinder Singh Sra, Addl. A.G. Punjab. A.N. Jindal, J Challenge made in this petition is to the judgment dated 19.10.2010 passed by the learned Additional Sessions Judge, Faridkot, dismissing the appeal filed by the accused- petitioner (herein referred as, 'the petitioner') against the judgment dated 6.3.2009 passed by the Judicial Magistrate Ist Class, Faridkot, convicting and sentencing him to undergo rigorous imprisonment for six months under Sections 279/427 IPC on both counts and rigorous imprisonment for 1- ½ years and to pay fine of `2000/- under Section 304-A IPC. In nutshell, the allegations are that on 21.11.2001 the complainant Dalip Kumar (herein referred as, 'the complainant') alongwith his employee Babu Ram was going from village Bhana to Chameli on his canter bearing registration No.PB-04E-9771 for collecting milk from different villages. At about 8.50 a.m. Sumiti Mahajan, who was working as a teacher at village Chameli, was going ahead of him on her scooter bearing registration No. PB-04C-2149, when she was 70 karams short of the village Chameli, the petitioner while driving jeep bearing registration No. PBC 724 in a rash and negligent manner and at a high speed came from the front side and struck against the scooter of Sumiti Mahajan and dragged her along with scooter for some distance. Babu Ram pulled her out and she was shifted to the GGS Medical College, Faridkot where she succumbed to her injuries. On the basis of the aforesaid statement, a formal FIR was registered and case was investigated. Criminal Revision No. 3081 of 2010 (O&M) -2- On submission of the report under Section 173 Cr.P.C. the accused was charged under Sections 279/304-A/427 IPC to which he pleaded not guilty and claimed trial. In order to substantiate the charges, the prosecution examined Sukhdev Singh (PW1), Dalip Kumar complainant (PW2), Babu Ram (PW3), Sanjiv Kumar (PW4), ASI Rachhpal Singh (PW5), Gurcharan Singh (PW6), Dr. S.S. Sandhu (PW7), Surinder Kumar Photographer (PW8) and Subhash Chander (PW9). When examined under Section 313 Cr.P.C. the accused denied all the incriminating circumstances appearing against him and pleaded his false implication in the case. However, no evidence was led in defence. The trial resulted into conviction. His appeal also failed. Arguments heard. Record perused. The case is based on the testimony of Dalip Kumar (PW2) and Babu Ram (PW3). Both have consistently stated that on the fateful day, the petitioner while driving the offending jeep rashly and negligently had struck against the scooter driven by Samiti Mahajan deceased. Both of them are consistent in their statements with regard to the time, place and the manner of occurrence. They were subjected to lengthy cross examination but nothing could be elicited which may cause dent in the prosecution version. They have further specifically stated that they tried to catch the accused but he fled away. The presence of the witnesses is quite natural as the complainant Dalip Kumar (PW2) used to ply tanker for collecting milk from different villages and Babu Ram (PW3) was his employee. No previous enmity has been alleged or proved by the accused so as to dub them as interested witnesses. They knew the deceased also as she belonged to their village. Both the courts below have appreciated the evidence in the right perspective. No illegality much less irregularity or perversity has been detected in the conduct of trial and the procedure, which may render the judgment as invalid warranting interference by this court, has been pointed out. As such, no ground for interference is made out. For the foregoing reasons, finding no merit in the petition the same is dismissed. August 12, 2011 (A.N. Jindal) deepak Judge