IMPORTANT POINT
Rash and negligent Driving--Non-examination of doctor, who conducted post-mortem on dead bodies not sufficient to ignore that they had not died during accident.

A.N.Jindal, J.

1. Jaipal petitioner-accused (herein referred as the accused) was prosecuted for causing the death of three persons as well as buffalo and calf on account of his rash and negligent act, consequently, he was tried, convicted and sentenced to undergo rigorous imprisonment for three months each under Sections 279 and 337 IPC, rigorous imprisonment for one year under Section 338 IPC and rigorous imprisonment for two years each under Section 304-A and 429 IPC. His appeal was also dismissed vide judgment dated 17.11.2003, passed by Addl. Sessions Judge, Narnaul.

2. Smt. Santra, a resindent of Jatusana, had come to his son-in-law Munna Pal, a resident of Buwana, in connection with the purchase of buffalo. Munna Pal got purchased the buffalo for her from his village. In the intervening night of 14/15.09.1995, the buffalo with her calf was loaded in a tempo bearing registration No. HNT-1574, which was driven by Ishwar Singh. At about 12:30 a.m, during night, Ishwar Singh started the tampo for Jatusana with the buffalo and the calf. Ram Pyari wife of Jagmal, Santra and one Parmila sat in the cabin of the tempo whereas Jagmal sat in the body of the tempo and Munna Pal while holding the buffalo with the rope, also sat in the body of the tempo. At about 2:30 a.m., when they were about half kilometer short of DAV Academy, Kanina towards Rewari, then the accused while driving the tanker rashly and negligently and at a high speed, came from the opposite side. Though Ishwar Singh took the tempo on kacha berm of the road yet the accused brought the tanker bearing registration No. HR-46/4577 on the wrong side and struck against the tempo. Resultantly, Jamgal, Ishwar Singh and the buffalo fell down from the tempo and died immediately whereas Ram Pyari, Santra, Munna Pal and Parmila suffered injuries. Later Ram Pyari had also died. Tempo was damaged and the tanker driver succeeded in escaping. On the aforesaid statement of Munna Pal, recorded by ASI Balbir Singh, case was registered.

3. ASI Balbir Singh inspected the spot, conducted the inquest report on the dead body of Ram Pyari, Jagmal Singh and Ishwar Singh. The dead bodies were dispatched to C.H.C., Kanina for post mortem examination and recorded the statements of witnesses. On completion of investigation, challan was presented against them.

4. The prosecution, in order to substantiate the charges, examined Munna Pal (PW-1), Jag Ram (PW-2), Udami (PW-3), Rameshwar (PW-4), Rajender (PW5), Ishwar Singh (PW-6), Balbir Singh (PW-7), Ghisa Ram (PW-8), Dr.Mahender Kumar, Veterinary Surgeon (PW 8-A), Head Constable Attar Singh (PW-9), Constable Lakhmichand (PW-10), Santra (PW-11) and Dr.Vinay Chaudhary (PW-12). After tendering some documents, the prosecution closed its evidence.

5. When examined under Section 313 Cr.P.C., the accused denied all the incriminating circumstances appearing against him and pleaded his false implication. No evidence was led in defence. The trial ended in conviction. His appeal also failed.

6. Arguments heard. Record perused.

7. Mr. Amit Rawal, Advocate, counsel for the petitioner-accused has primarily raised the contention with regard to doubtful identity of the accused while taking me through the statement of Munna Pal (PW-1). The counsel has urged that though Munna Pal (PW1), in his statement before the police has stated that he was still on the rear side of the tempo but he has improved his statement before the Court while stating that he was sitting on the bonnet of the tempo while he was catching the rope of the buffalo. No doubt, Munna Pal, being the eye-witness to the occurrence, has identified the accused but by this mere statement, made by him that he was sitting on the bonnet, his testimony cannot be ignored. As a matter of fact, he, being the rustic and illiterate villager and unable to know the meaning of bonnet, may have said so. Actually, Munna Pal meant to say that he was sitting on the head portion of the tempo. There was a buffalo a