The main legal point established in the judgment is the importance of evidence of identification of the accused in the Court by the witnesses and the value of test identification parade for corroborating that evidence.

Gurdev Singh, J (oral)

This revision has been preferred by Kewal Singh, petitioner/accused against his conviction and sentence for the offences under Sections 279, 304A and 337 IPC. He was sentenced by JMIC Bathinda, vide judgment dated 14.7.2005 as under:-

Under Section Sentence Fine Indefault

279 IPC R.I for 6 months 1000/- RI of 30 days

337 IPC R.I for 6 months 1000/- RI of 30 days

304A IPC R.I for one year and six months 1000/- RI of 30 days

2. In the appeal preferred by him, the Additional Sessions Judge (Ad hoc) Bathinda, reduced the sentence of imprisonment imposed upon him under Section 304 A IPC from one year six month to ten months.

3. The prosecution story, in brief, is that Sandip Kaur deceased, daughter of Bira Singh complainant PW1 and Kinderpal Kaur injured were the students of 6th Class. On 6.11.2001 both of them were brought to Bathinda to the house of Mithu Singh master. Thereafter all of them were going towards bus stand to board the bus. When at about 10.15 AM they reached near the thermal canal, the accused came driving canter make Tata 709 at a very fast speed, without blowing any horn and while driving the same negligently brushed the side thereof in the said girls, as a result of which Sandip Kaur died at the spot itself and Kinderpal Kaur received the injuries. The accused stopped the canter and after alighting from the same disclosed his name, parentage and address and after seeing that one of the girl had died, sliped from the spot. Kinderpal Kaur was sent to the hospital for treatment with Balwinder Singh whereas the complainant stayed with the dead body of his daughter. After coming to know about this accident Balwant Singh SHO PW5 came to the place of accident and recorded the statement of the complainant Ex.PA. After making his endorsement Ex.PA/1 upon the same, he sent that to the police station and on the basis thereof FIR Ex. PA/2 was recorded against the accused under Sections 279, 304A and 337 IPC. The SHO prepared inquest report Ex.PB in respect of the dead body and sent the same to Civil Hospital along with application, for post mortem examination. Bhola Singh, photographer, PW6 was called to the spot, who took photographs Ex.P1 to Ex.P14. The SHO collected the blood from the spot, which was put in a small box and was converted into a parcel and the parcel was sealed with the seal 'PS'. The same was taken into possession vide memo Ex. PW5/A. The said canter which had registration No. PB-03D-6412 and was lying parked near the place of accident, was taken into possession, vide memo Ex.PW5/B. The SHO prepared the rough site plan Ex.PW5/C of the place of recovery with correct marginal notes.

Kinderpal Kaur was medically examined by Dr. Niranjan Lal PW3, who found three injuries on her person and the same were detailed in the M.L report Ex.PW3/A. The autopsy on the dead body of Sandip Kaur was conducted by Dr. S.S. Malik PW7, who found eight ante mortem injuries on the same and gave his opinion that the cause of the death was due to shock and hemorrhage, as a result of injuries, which were sufficient to cause the death of the deceased in the ordinary course of nature. In the course of investigation the accused was arrested and the statement of witnesses were recorded under Section 161 Cr.P.C. The accused produced his driving license and registration certificate of the canter before the S.H.O and those were taken into possession vide memo Ex.PW5/B. On 8.11.2011, the canter was mechanically tested by Sandeep Kumar constable Mechanic PW3, who found the same to be in mechanical order and gave his report Ex.PC. After the completion of the investigation the challan was put in before the JMIC, who found sufficient grounds for presuming that the accused committed aforesaid offence. He was charged accordingly, to which he pleaded not guilty and claimed trial. To prove his guilt prosecution examined Bira Singh PW1, Balwinder Singh PW2, Dr. Niranjan Singh PW3, Sandeep Singh PW3, Jarn