Criminal Revision No. 2237 of 2002 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 2237 of 2002 Date of Decision: 25.2.2009 Manjit Singh …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. R.S. Bains, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the respondents. Kanwaljit Singh Ahluwalia, J. (Oral) Manjit Singh son of Naranjan Singh, resident of village Manakpura, District Amritsar, was convicted and sentenced by the Court of the Judicial Magistrate Ist Class, Tarn Taran, in a case arising out of FIR No. 76 dated 10.8.1996, registered at Police Station Sarai Amanat Khan, Amritsar, under Sections 304-A, 279, 427, and 382 IPC. He was sentenced under Section 304-A IPC to undergo rigorous imprisonment for one & a half years and to pay a fine of Rs.2,000/-. In default of payment of fine to further undergo rigorous imprisonment for four months. An appeal filed by the petitioner was dismissed by the Court of Additional Sessions Judge, Amritsar. Criminal Revision No. 2237 of 2002 2 A quick glance at facts of the case can be made from the FIR recorded against the petitioner. FIR was recorded on the statement of Amar Singh son of Sohan Singh. He has stated that he is resident of village Sarai Amanat Khan and doing agricultural work and also sell milk. On the day of occurrence at 8/8.15 P.M. after milching milk from the buffalos he was coming to his house on cycle. He found that one tractor trolley, whose lights were not on, was coming and was being driven by the present petitioner. The tractor trolley was being driven on a high speed in a negligent manner. At a distance of about 100/150 square yards, he saw one motorcycle was coming from the side of village Manakpura. On seeing the tractor coming, motorcycle-rider had used the dipper of the lights and had also taken his motorcycle towards left hand side in order to save himself from the tractor. The driver of the tractor trolley, who was going on a very high speed and in a rash and negligent manner, took the tractor on a right side of the road and without giving any horn had hit the motorcycle. The motorcycle driver fell on the road and the driver of the tractor trolley ran away from the spot. Amar Singh witness had also reached at the spot. His son Bachhitar Singh was already near the spot and he had also seen the entire occurrence. It is stated that Amar Singh called upon Manjit Singh driver of the tractor trolley to save the motorcycle driver but Manjit Singh had ignored the request made by the complainant. The complainant along with his son Bachhitar Singh reached near the driver of the motorcycle and found him to be Sahib Singh, Constable, who was posted in the Police Station. His motorcycle was also damaged. He after leaving his son Bachhitar Singh near the dead body was going to the Police station to make the Criminal Revision No. 2237 of 2002 3 report when the police official met him in the way. The above said FIR was investigated. Postmortem of the deceased was got conducted. Thereafter report under Section 173 Cr.P.C. was submitted. Charges were framed against the petitioner on 2.12.1996. He was charged for the offence under Sections 304-A, 279 and 427 IPC. Prosecution examined Gurvinder Singh, Head Constable, as PW.1. He stated that he along with Sukhdev Singh, Assistant Sub Inspector and Harbhajan Singh, independent witness, had taken the tractor trolley into possession vide recovery memo Ex.PW.1/A. Motorcycle was also taken into possession vide recovery memo Ex.PW.1/C. Wassan Singh, Constable, appeared as PW.2 and deposed regarding sending of Special Report. Amar Singh, author of FIR and complainant, appeared as PW.3. He stated in the Court that the tractor was without lights and was being driven at a normal speed and was driven by one person to whom he was not able to identify. Later, he stated that the tractor had struck against the motorcycle of Sahib Singh and he knew Manjit Singh personally. Manjit Singh accused present in the Court was sitting on the tractor and he was driving the same after accident. In cross- examination, he stated that his residence is at a distance of 500/600 yards from the place of accident. In cross-examination he further stated that the tractor trolley was at a distance of 150/200 yards but due to noise of the tractor, the accused did not hear his call. The police came at the spot after seven or eight minutes. He denied that Sahib Singh was Criminal Revision No. 2237 of 2002 4 at a very fast speed and the motor cycle had jumped at the pulley and had met with an accident. Bachhitar Singh son of Amar Singh appeared as PW.4. He was declared hostile. He stated that he had not seen the tractor and he never knew that the tractor was of Manjit Singh. He had not identified Manjit Singh accused in the Court. Sukhdev Singh, Assistant Sub Inspector, Investigating Officer of the case, appeared as PW.5. Tejwant Singh appeared as PW.6. He had taken the photographs of place of occurrence. Negatives of the photographs have been proved as Ex.P1 to Ex.P7 and photographs Ex.P8 to Ex.P14. He stated that he has experience of three years of photography. Counsel for the petitioner has drawn my attention to the testimony of PW.3 Amar Singh and PW.4 Bachhitar Singh. The entire case is based upon the testimony of these two eye witnesses. PW.4 Bachhitar Singh in the Court was declared hostile as he has not stated that the accident was caused by Manjit Singh, petitioner and even he has failed to identify him. PW.3 Amar Singh initially stated that tractor was coming at a normal speed without lights. He further stated that the tractor was being driven by one person to whom he had not identified. Later on, he stated that he identified the driver of motorcycle Sahib Singh. He further stated that Manjit Singh accused who was present in the Court was sitting on the tractor and he was driving the tractor after the accident and he had called Manjit Singh to save Sahib Singh. Counsel for the petitioner has stated that presence of PW.3 Amar Singh at the spot is unnatural, Criminal Revision No. 2237 of 2002 5 improbable and unconvincing. It has been stated that Amar Singh was going to his house after milching his buffalos. He had reached at the spot at the nick of time and it is a great chance that he had witnessed the accident. Counsel for the petitioner has further stated that PW.4 Bachhitar Singh is son of PW.3 Amar Singh. According to PW.3 Amar Singh, PW.4 Bachhitar Singh had witnessed the occurrence along with PW.3 Amar Singh. PW.4 Bachhitar Singh had not identified the accused. No independent corroboration is coming forward to the testimony of PW.3 Amar Singh. In the present case, no doctor has appeared to prove the post- mortem in the Court. Counsel for the petitioner has stated that the suggestion was given to PW.3 Amar Singh that accident occurred because Sahib Singh deceased was under the influence of liquor. Counsel further stated that had the doctor been examined he would have verified and proved that the deceased was under the influence of liquor. Mr. Mehardeep Singh, learned Assistant Advocate General, Punjab, has stated that PW.3 Amar Singh has no motive to falsely implicate the petitioner. In the present case PW.4 Bachhitar Singh has not supported the prosecution case. He has categorically stated that Manjit Singh was not present at the spot. PW.3 Amar Singh is his father. Initially, PW.3 Amar Singh also wanted to absolve the petitioner of the offence but it is later that he has named Manjit Singh and stated that accident occurred due to rash and negligent driving of the driver of the tractor trolley. Criminal Revision No. 2237 of 2002 6 Testimony of PW.3 Amar Singh do not aspire confidence. Prosecution has failed to prove the identification of petitioner as accused who was driving the tractor trolley. Taking all these circumstances and submissions made by the petitioner, benefit of doubt is extended to the petitioner. Hence, the present petition is accepted and the petitioner is acquitted of the charges. (Kanwaljit Singh Ahluwalia) Judge February 25, 2009 “DK”