CIVIL APPEAL 2996 of 2012 on 16 December 2003

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Criminal Revision No. 2996 of 2012 (O&M)Date of Decision:January 11,2013

Hardeep Singh

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

Versus

State of Punjab

..........Respondent

Coram: Hon'ble Mrs. Justice Sabina

Present:Mr.Sandeep Arora,Advocate for the petitioner.

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Sabina, J.

Petitioner was tried qua commission of an offencepunishable under Sections 279, 304-A,337 of the Indian Penal Code(`IPC' for short) in FIR No.245 dated 16.12.2003 registered at PoliceStation Sadar, Pathankot.

The trial Court vide judgment/order dated 2.7.2009ordered the conviction and sentence of the petitioner under Sections304-A, 279, 337 IPC. The appeal filed by the petitioner against thesaid judgment/order of his conviction and sentence was dismissed by the appellate Court vide judgment dated 15.9.2012. Hence, thepresent revision petition.

Prosecution story,in brief, is that on 16.12.2003,complainant-Jarnail Singh and his father Parkash Chand were goingon GT road from Sharmo Lahri towards Kanwan, on their resepctivebicycles. They were being followed by two persons on a motor cycle.When the complainant reached near Kanwan bus stop at about11.00 a.m., bus bearing No. PB-02U-9985 belonging to ChaudharyBus Service, Amritsar came in rash and negligent manner fromPathankot side. The bus first hit bicycle of Parkash Chand and,thereafter, it struck against the motor cycle. As a result of this,Parkash Chand and motor cyclist suffered injuries. Parkash Chandsuccumbed to his injuries in the hospital. The bus was being drivenby Hardeep Singh. The bus driver, after leaving the bus at the spot ,fled away. Injured Dharam Pal died on 20.12.2013.

After hearing the learned counsel for the petitioner, Iam of the opinion that the instant petition deserves dismissal.

Prosecution, in order to prove its case, led its evidence.

Jarnail Singh- complainant appeared in the witness boxas PW4 . The said witness deposed as per the contents of the FIR .His statement was duly corroborated on material aspects by PW3Joginder Pal and Gulwinder Singh, PW5 who had witnessed theoccurrence. The said witnesses deposed that the bus in questionhad been driven by the petitioner in a rash and negligent manner andafter striking against the bicycle of Parkash Chand it had struckagainst the motor cycle. As a result of this, Parkash Chand and motor cyclist had suffered injuries. Parkash Chand succumbed tohis injuries suffered by him in the hospital. Dharam Pal, injured diedon 20.12.2013. The bus driven by the petitioner was recovered fromthe spot. Balwinder Singh, who was riding the motor cycle, sufferedsimple injuries.

In these circumstances, both the Courts below hadrightly ordered the conviction and sentence of the petitioner underSections 304-A, 279 and 337 IPC. Learned counsel for thepetitioner has failed to point out any misleading of evidence by theCourts below. No ground for interference is made out.

Dismissed.

January 11, 2013arya

( Sabina ) Judge