The judgment underscores the requirement for the prosecution to present reliable and corroborative evidence to establish guilt in criminal cases, emphasizing the importance of thorough investigation and documentation.

S. C. Malte. J.

1. The accused has preferred this revision petition. He was convicted under sec. 304-A of the Criminal Procedure Code and was sentenced to rigorous imprisonment for one year and a fine of Rs.1000.00 in default to further undergo R.1 for 3 months. The Additional Sessions Judge confirmed the judgment in appeal.

2. On 11-12-1983 at about 7.15 p. m. accused was driving ambulance and was proceeding from Patiala side to Nabha side. The deceased Gopi Chand THead Constable, Mtinshi of the said Police Station, was approaching on the motor-cycle. He was going from Nabha side to Patiala. Thus, both these vehicles were approaching each other from the opposite directions. There was a collision between the two vehicles. In the result, deceased sustained injuries and died at the spot. The prosecution case is that the accused by his rash driving, committed an offence under sec. 304-A of the Indian Penal Code.

3. The accused pleaded not guilty. He claimed that deceased Gopi Chand was driving motor-cycle under the influence of liquor and he rashly came from the wrong side, while overtaking the other vehicle. Thus, according to him accident took place because of rash driving by the deceased while he was under the influence of liquor.

4. The prosecution has led the testimony of PW -4 Ashok Kumar and PW-5 Krishan Kumar who claimed to be eye-witnesses of the incident. PW-4 Ashok Kumar was a taxi driver. He claims that while he was on way to petrol pump for filling petrol in the taxi, he witnessed the accident. In his cross examination he has stated that there are about 4 petrol pump on his way, at which he could have filled the petrol and it was not necessary for him to cover a distance to go to another petrol pump. On these premises, it was contended that his presence at the spot was doubtful. PW-4 Ashok Kumar comes with the explanation that he wanted to go to the other petrol pump because the 4 petrol pumps referred to above were suspected to be selling adulterated petrol. In the set of circumstances, the prosecution was expected to place on record some such material which in normal course of events would have come into existence. The said Ashok Kumar had immediately gone to the, police station to report the incident as claimed by the prosecution. In that event, in normal course of functions at the police station, such report should have been immediately entered in the daily diary maintained at each police station. In the daily diary every movement in, the police station in respect of such information received or. the steps taken is required to be noted down. That record is called police station diary or daily diary or roznamcha. The production and the copy coupled with original record of such nature would have rendered support to the claim made by Ashok Ku mar that on seeing accident he rushed to the police station to report the incident. The time of report thus recorded in the daily diary would have also assisted to ascertain the time of incident and the time of report. The prosecution, unfortunately, has not taken such steps. Both the courts below have not considered such an important factor, which could have rendered help to ascertain the possibility of the presence of the eye-witness Ashok Kumar at the spot.

5. Pw-5 Krishan Kumar is said to have accompanied Ashok Kumar in a taxi while on way to fill petrol in that taxi. His presence at that time and place of incident is also doubtful. There does not seem to be good reason for accompanying Ashok Kumar who was on his way to fill petrol in the taxi. Krishan Kumar claimed to be the friend of Ashok Kumar and therefore, claims to have accompanied him. Despite that, it is unexplained why he was not associated with the investigation till the next day of the incident. Both the Courts below did not consider this important aspect.

6. The significant evidence is that as per Doctor S. K. Sharma the sample of the blood of the deceased contained alcohol in his blood to the extent of