Crl.Rev.No.2897 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.Rev.No.2897 of 2010(O&M) Date of decision: 27.10.2010. Narinder Singh ....................Petitioner v. State of Punjab. .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Malkiat Mann,Advocate for the petitioner. Jaswant Singh.J.(Oral) Present revision petition is directed against the order dated 20.9.2010 passed by learned Additional Sessions Judge, Jalandhar whereby the appeal filed by the petitioner was dismissed and the judgment and order dated 17.2.2009 passed by learned ACJM, Jalandhar convicting and sentencing the petitioner under Sections 279 IPC and 304-A IPC was upheld. FIR No.128 dated 11.5.2003 under Sections 279, 247,304- A IPC, PS Sadar Jalandhar was registered against the petitioner on the statement of complainant Kamaljit Kaur wife of deceased Balkar Singh. It was stated by her that on 11.5.2003 she alongwith her husband Balkar Singh and son Upkar Singh were returning from Crl.Rev.No.2897 of 2010 2 Village Begowal to Jalandhar. She alongwith her son Upkar Singh were on a scooter and deceased Balkar Singh was on a separate scooter. When they reached near Vegetable Market Maqsudan,Jalandhar, on bus bearing No.PB02Y 9953 of Punjab Roadways, being driven by petitioner came from opposite side at a very high speed and hit the scooter of the deceased Balkar Singh. As a result of the collision, Balkar Singh fell down on the road and suffered multiple injuries. He was admitted in Sacred Heart Hospital, Maqsudan,Jalandhar where he succumbed to his injuries. After completion of investigation challan was presented against the accused petitioner, who pleaded not guilty and claimed trial. Both sides led evidence. After hearing both sides and perusing the maternal available on record, learned Additional Chief Judicial Magistrate,Jalandhar convicted accused petitioner and sentenced him to undergo RI for six months and to pay a fine of Rs.500/- under Section 279 IPC and RI for one year and pay fine of Rs.1000/- for the offence under Section 304-A IPC. Aggrieved against his conviction and sentence, petitioner filed appeal, which as noticed above was dismissed by the learned Additional Sessions Judge, Jalandhar. It is submitted by the learned counsel for the petitioner that both the courts below have completely ignored the contradictions in the cross examination of the witnesses and the conviction and sentence of the petitioner is based on conjectures and surmises. Crl.Rev.No.2897 of 2010 3 After hearing the learned counsel I find no force in the submissions of the learned counsel and the revision petition is liable to be dismissed. Complainant Kamaljit Kaur while appearing as PW1 supported the case of the prosecution by stating that after the accident the accused petitioner stopped the bus and disclosed his name as Narinder Singh son of Karam Singh. She reiterated her version given in the FIR which was corroborated by PW3 Upkar Singh, eye witness. The occurrence had taken place on 11.5.2003 at 8.30 pm and the statement of complainant was recorded on 11.5.2003 at 9.25 pm. The oral testimony of complainant was further corroborated by documentary evidence i.e. Booking Way Bill dated 11.5.2003 with regard to bus no.PB-02-Y-9963 as EXPW6/A, according to which the bus was to shuttle between Amritsar and Ludhiana but met with an accident on its way. As per this Booking Way Bill, petitioner was driving the offending vehicle. Besides that PW5 Dr.Harjit Singh proved the post mortem report of the deceased. In his opinion the cause of death was head injury which was sufficient to cause death in ordinary course of nature. The deceased received many injuries in the form of lacerations and abrasions. In view of the overwhelming oral as well as documentary evidence available on record, in my opinion, it cannot be said that both the courts below have recorded finding of fact based on conjectures and Crl.Rev.No.2897 of 2010 4 surmises. For the reasons stated above, I find no illegality or perversity in the impugned judgment which may call for interference by this Court in exercise of its revisional powers. Dismissed. 27.10.2010 (Jaswant Singh) joshi Judge