Criminal Revision No. 827 of 1994 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No. 827 of 1994 Date of decision: 11.1.2010 Balwant Rai ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.R.N.Moudgil, Advocate for the petitioner. Mr.J.S.Sandhu, AAG, Punjab. **** SABINA, J. The petitioner was convicted for an offence under Sections 279/304-A of the Indian Penal Code (“IPC”- for short) vide judgment dated 16.7.1993 passed by the Sub Divisional Judicial Magistrate, Kharar. Vide order of the even date, the petitioner was sentenced to undergo rigorous imprisonment for a period of six months under Section 279 IPC and for a period of one year and a fine of Rs.1,000/- under Section 304-A IPC. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed vide Criminal Revision No. 827 of 1994 2 judgment dated 15.12.1994 passed by the Additional Sessions Judge, Rupnagar. Hence, the present revision petition under Section 401 of the Code of Criminal Procedure. Prosecution case, as noticed by the Appellate Court in para 2 of its judgment, is reproduced herein below:- “On 19.10.1990 at 7.35 p.m. Darshan Kumar son of Lal Chand made a statement to Gurdev Singh Assistant Sub Inspector of Police Station Sohana. He stated that he was running a shop of a photographer at Zirakpur. At about 5.30 p.m. he was going from his village Bhabat to Zirakpur on his scooter. His nephew Sonu son of Kalu Ram and son of Pritam Teli of his village were going on a cycle ahead of him to Zirakpur. One truck being driven at a very high speed and without blowing any horn came from the side of village Bhabat. He saved himself by taking his scooter towards the kacha side. The truck struck against the cycle and as a result his nephew Sonu died at the spot. The son of Pritam Teli fell down on one side, who did not receive any obvious injury. But he was completely shaken. The number of the truck was HNC 5421. The truck was driven by Balwant Rai son of Shadi Ram Pandit of his village. He stopped the struck at some distance but after seeing him he ran away along with truck. Balwant Rai appeared to be under the influence of Criminal Revision No. 827 of 1994 3 liquor. The accident took place dur to rash and negligent driving of Balwant Rai. On the basis of his statement a case under Section 279/304-A IPC was registered. The accused was arrested and the truck was taken into possession. After the investigation the accused was challaned under Section 279/304-A IPC.” Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. In fact, the deceased had himself fallen from the bicycle and had suffered injuries. The Investigating Officer had not been examined by the prosecution. Learned State counsel, on the other hand, has submitted that the prosecution had been successful in proving its case. Prosecution, in order to prove its case, has examined eye witness Darshan Kumar. The said witness, while appearing in the witness box as PW-2, has fully supported the prosecution case and has deposed that the bicycle was going on a katcha portion of the road, whereas, the truck, which was being driven at a high speed, struck against the bicycle of Mewa Singh. Sonu was sitting on the pillion seat. The rear tyre of the truck had crushed the head of Sonu resulting into his death at the spot. Mewa Singh appeared in the witness box as PW-3 and has corroborated the statement of PW-2. Mewa Singh had also allegedly suffered injuries in the accident. The statements of PW-2 and PW-3 have been rightly believed by the Criminal Revision No. 827 of 1994 4 Courts below. The said witnesses had no enmity against the petitioner to have falsely involved him in this case. Although the Investigating Officer was not examined in this case, yet the said fact was not fatal to the prosecution case as the prosecution had been otherwise successful in proving its case. The impugned judgments of the Courts below do not call for any interference. Accordingly, this petition is dismissed. (SABINA) JUDGE January 11, 2010 anita