CIVIL APPEAL 339 of 2000 on 4 October 1996

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Criminal Revision No. 339 of 2000 Date of Decision: April 17, 2009

Darshan Singh

...........Petitioner

Versus

State of Punjab

..........Respondent

Coram: Hon'ble Mrs. Justice Sabina

Present:Mr.H.S.Rakhra,Advocate for the petitioner.Mr.Amandeep Singh Rai,Assistant Advocate General,Punjab **

Sabina, J.

Petitioner-Darshan Singh was convicted for an offence underSections 279/304-A of the Indian Penal Code (`IPC' for short) in FIR No.34 dated 4.10.1996 registered at Police Station Cantt. Bathinda by theJudicial Magistrate 1[st] Class, Bathinda on 8.12.1999. Vide order of evendate, he was sentenced to undergo rigorous imprisonment for the period offour months under Section 279 IPC and to undergo rigorous imprisonmentfor the period of one year under Section 304-A IPC. Both the sentenceswere ordered to run concurrently. Aggrieved by the same, petitionerpreferred an appeal and the same was dismissed by the Additional SessionsJudge, Bathinda on 24.3.2000. Hence, the present revision petition.

The case of the prosecution, as noticed by the appellateCourt in para 2 of its judgment, is reproduced here in below:- “Briefly stated the facts are that on 4.10.1996 awireless message was received from Police post, Civil Station,Bathinda regarding the admission of Ram Niwas in the CivilHospital, Bathina in an injured condition. Then SI BarjinderKumar went to the hospital alongwith other police officials. Herecorded the statement of Harish Chander in which he alleged thaton 4.10.1996 he along with Hari Chand, Ram Niwas and ThanaSingh were going towards Bathinda on two separate vehicles. Heand Hari Chand were riding on Scooter whereas Ram Niwas andThana Singh were on Motor cycle No. PBD-1164 which wasbeing driven by Ram Niwas and when at about 2.00 p.m. theyreached near bus stand Bhucho Khurd a Gypsy bearingregistration No. PB-03C/1619 driven rashly and negligently bythe driver hit the Motorcycle of Ram Niwas as a result of whichboth Ram Niwas and Thana Singh fell down and sustainedinjuries. The accused was driving the Gypsy at that time whostopped it. Ram Niwas fell on the bonut of the Gypsy and becameunconscious and Thana Singh also became unconscious and theMotorcycle was also damaged. The accused removed the injuredin the said Gypsy to Civil Hospital, Bathinda where Ram Niwassuccumbed to the injuries and then accused ran away from thehospital. Thana Singh was referred to DMC, Ludhaina where healso succumbed to the injuries sustained in this accident and hispost mortem examination was conducted by Dr.Jasbir Singh atCivil hospital, Ludhiana on police request. SI Barjinder Kumartook out the investigation who prepared inquest report on the dead Criminal Revision No.339 of 2000

body of Ram Niwas and got the post mortem examinationconducted by the doctors. He also visited the spot and preparedrough site plan of the place of occurrence. He recorded thestatement of witnesses and arrested the accused and also took intopossession the offending vehicle and then on completion ofinvestigation the accused was challaned."

Learned counsel for the petitioner has submitted that theaccident in question had in fact occurred due to negligence of the driver ofthe motorcycle himself. It was evident from the site plan and photographson record that the jeep was being driven on correct side of the road.

Learned counsel for the State, on the other hand, hassubmitted from the statements of the eye witnesses that it was evident thatthe accident in question had occurred due to rash and negligent driving ofthe petitioner.

Arguments

The accident in the present case had occurred on 4.10.1996at about 2.00 P.M. PW1 complainant Harish Chander has deposed that RamNiwas and Thana Singh were travelling on motorcycle No. PBD-1164 fromBhucho khurd to Bhatinda. He was driving a scooter behind the said motorcycle. When they reached a little ahead of Bus Stand Bhucho, a Gypsybearing No. PB-03C-1619 came from the opposite direction i.e. Bhatindaside. The jeep was being driven at a fast speed by the petitioner and struckagainst the motorcycle. As a result of this Ram Niwas and Thana Singhsuffered injuries. PW2 Hari Chand has corroborated the statement ofcomplainant PW1 with regard to the manner of accident. Both Ram Niwasand Thana Singh succumbed to their injuries. Although both the eyewitnesses have duly deposed as per the prosecution story yet a perusal of the the site plan makes the prosecution case doubtful.

Admittedly, the petitioner was driving the jeep fromBhatinda towards Barnala side. Exhibit PW9/G is the site plan prepared bythe Investigating Officer. A perusal of the same reveals that the Gypsy wasfound at point `A' ,whereas, motor cycle was found lying at point `B'. Thus,the Gypsy/jeep in question was coming on its left side of the road, whereas,it appears that the motor cycle has travelled on its wrong side of the roadwhich resulted in the accident in question. It is unfortunate that in thealleged accident, two persons lost their lives but prosecution is required toprove its case beyond reasonable doubt.

The site plan Exhibit PW9/G creates doubt in the prosecutioncase. The photographs along with negatives with regard to the place ofaccident although not exhibited on record yet they were taken inpossession vide memo Exhibit PW9/N. A perusal of the same reveal thatthey also depicts the same picture as shown in the site plan Exhibit PW9/G.In these circumstances, the said fact creates doubt in the prosecution caseand whenever there is doubt in the prosecution case, the benefit of the sameis liable to be extended to the petitioner.

Accordingly, this petition is allowed. The judgments of theCourts below are set aside. Petitioner is acquitted of the charge framedagainst him.

(Sabina) Judge