Criminal Revision No. 805 of 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 805 of 1994 Date of decision: 19.08.2008. Gurnam Singh ....Appellant V/s Surjit Singh ....Respondent CORAM:HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr. S.C. Chhabra, Advocate for the petitioner. Mr. Rajesh Khakhar, Advocate for the respondents. A.N.JINDAL J.(ORAL) This petition arises out of the judgment dated 09.06.1994 passed by Judicial Magistrate 1st class, Muktsar whereby respondent (herein referred as respondent) was acquitted under section 279/304-A of Indian penal Code. The case was registered on the statement of Gurnam Singh complainant (Ex. PC) wherein he had disclosed that Harcharan Singh his first cousin was posted as Headmaster in Govt. School at Gaddadog. On 29.09.1992 he had gone to bring him on account of arrival of some guests at his house. After they were returning to their farm house on cycles, when they reached near the farm house of Kashmir Singh situated in the revenue estate of Srawan Bodla, then the respondent while driving bus hearing No. Criminal Revision No. 805 of 1994 2 PB-05/11123 rashly and negligently came from behind and he without blowing any horn drove their cycle in the 'narma' fields. Resultantly Harcharan Singh suffered injuries and died at the spot. On the aforesaid statement case was registered and FIR No. 111 dated 29.09.1992 was registered against the respondent On completion of the investigation challan against the him was presented in the Court. The prosecution in order to substantiate the charges against the accused, examined PW1 Sukhwinder Singh Malli who conducted the autoposy of the deceased Harcharan Singh, Gurnam Singh PW2 an eye witness, Balkar Singh PW3, Rajinder Singh Mechanic PW4, HC Hardeep Singh, PW5 I.O., Angrej Singh PW6, Roop Singh PW7 and Krishan Kumar, PW8 Photographer. When examined under Section 313 Cr.P.C. the accused denied all the incriminating circumstances appearing against him and pleaded his false implication. He further stated that he was conductor of the ill fated busand it was being driven by Gurmail Singh who is co-villager of Harcharan Singh. In defence, he examined DW1 Harpal Singh Sandhu and DW2 Roop Singh. DW1 Harpal Singh in his statement has stated that voucher dated 29.09.1992 was given to the police and is not in their possession. DW2 Roop Singh has stated that on the date of occurrence Gurmail Singh, driver was driving the bus and petitioner was conductor who was only to distribute the tickets. Ultimately, the trial ended in acquittal and hence this petition. Heard. There is no denying a fact that accident took place on Criminal Revision No. 805 of 1994 3 29.09.1992 on account of coming of deceased under the left tyre of the bus bearing registration No. PB 05 – 1112. The respondent has also not denied that accident took place with the said bus. However, he has stated only that the bus was being driven by Gurmail Singh and not by him. So far as eyewitness part is concerned Gurnam Singh an eye witness has fully supported the case and duly identified the accused being the driver of the bus and driving the same at the time of the accident. On scrutiny it further transpires that the trial court has not appreciated the evidence in the right perspective. The material evidence has not only been discussed but overlooked also. Medical evidence and the evidence of PW8 Krishan Kumar, Photographer were not taken into consideration at all. Resultantly, the impugned judgment has been rendered as perverse. Nothing has been mentioned in the judgment about the side in which the bus was going on which side the deceased was going what was speed of the bus and as to who was at fault. Consequently the judgment cannot be said to have been passed on appreciation of evidence before it. Therefore, the interference in the judgment has become inevitable. Resultantly impugned judgment is set aside and the case may be sent back to the trial court to decide the same a fresh after appreciation of the entire evidence before it without being influenced by the observations whatsoever made by this court in this order. Respondent be directed to appear before the trial Court on 24.09.2008. 19.08.2008 (A.N. JINDAL) Ajay JUDGE