Criminal Appeal No.759-MA of 2010(O&M) -1- ... IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.759-MA of 2010(O&M) Date of Decision : 29.09.2010 State of Haryana ...... Appellant Versus Balbir Singh @ Balwinder @ Guddi and another ..... Respondents CORAM : HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE NAWAB SINGH Present:- Mr. Sandeep Singh Mann, Sr. D.A.G., Haryana, for the appellant-State. **** ASHUTOSH MOHUNTA J.(ORAL) The State of Haryana has impugned the judgment dated 22.02.2010 passed by Additional Sessions Judge (Fast Track Court), Hisar vide which, both the respondents were acquitted of the charges under Sections 307, 332, 353, 186 read with Section 34 IPC. Briefly, facts of the case are that on 24.03.2005, Vinod Kumar Sub-Inspector received a telephonic message that a Santro Car was roaming in some suspicious circumstances. He directed Narender Singh, Constable and Jagdish Chander, Constable to lay a 'Naka' and check all the cars. In the meantime, a Santro Car came from the direction of Urban Estate-II and after crossing the railway crossing went towards Mahabir Colony. Narender Singh, Constable was standing by the roadside 'Naka' when the Santro Car, in which 3- 4 young boys were travelling, came at a very high speed and struck directly against Constable Narender Singh and run over him. Criminal Appeal No.759-MA of 2010(O&M) -2- ... Constable Narender Singh was injured and received injuries on his head, chest and waist. He was got admitted in Chawla Hospital, Hisar. The accused persons were arrested on 01.05.2005 and 18.05.2005. On completion of the necessary investigation, challan was presented against them. They were charge sheeted and tried under Sections 307, 353, 186 read with Section 34 IPC. As per prosecution case, Vinod Kumar, Sub-Inspector received a telephonic message that a Santro Car was roaming in suspicious circumstances and thereupon Constable Narender Singh and Constable Jagdish Chander laid a 'Naka'. Then Constable Narender Singh gave a signal to the driver of the Santro Car to stop but he did not stop and ran over him causing injuries. In the FIR, number of the Santro Car has not been given, though the two Police Constables had held 'Naka'. In the FIR, description of the occupants of the Santro Car has not been given. Admittedly, no test identification parade of the accused was got conducted in this case. Moreover, Constable Narender Singh admitted in his cross- examination that he had filed a claim petition in the Motor Accident Claims Tribunal, Bhiwani, a copy of which is Exhibit D-1, in which he alleged that the Car was being driven at a high speed in a rash and negligent manner and the said claim petition has already been dismissed by the Tribunal. In this view of the matter, learned trial Court has rightly held that prosecution has failed to establish the identity of the Santro Car, which ran over Constable Narender Singh and that it were the Criminal Appeal No.759-MA of 2010(O&M) -3- ... accused-respondents who were the occupants in the Santro Car as no test identification parade of the accused was got conducted in this case. As a result of aforesaid discussion, we find no reason to interfere in the finding of acquittal returned by the learned trial Court. Consequently, the leave to appeal, sought by the State, is declined. (ASHUTOSH MOHUNTA) JUDGE (NAWAB SINGH) JUDGE 29.09.2010 neetu