The judgment established the principle that evidence, including eyewitness testimony and post-mortem reports, plays a crucial role in establishing negligence in motor vehicle accident cases.

Harbans Lal, J. - This revision petition has been directed against the judgment/order of sentence dated 25.5.2001 rendered by the Court of learned, Judicial Magistrate First Class, Bathinda whereby he convicted and sentenced the revision petitioner to undergo rigorous imprisonment for six months under Section 279 of Indian Penal Code and further sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- under Section 304-A of Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for two months and also sentenced him to undergo rigorous imprisonment for six months under Section 429 of Indian Penal Code with a further direction that all the substantive sentences shall run concurrently as well as the judgment dated 12.9.2002, passed by the Court of learned Additional Sessions Judge, Bathinda vide which he dismissed the appeal.

2. The facts in brief are that on 4.10.1998, Gurlal Singh son of Natha Singh made statement before the police that on the aforesaid day in the noon as usual he left the house in connection with his work, whereas at the same time, his brother Gurjant Singh alias Janti (since deceased) also left the house for grazing young buffaloes and their male calves. When they emerged out of village, they proceeded along with Bathinda Barnala Road. Gurjant Singh alias Janti along with male buffalo calf was going on kacha portion of the road on the left side whereas he (Gurlal Singh) was driving the male buffalo calf on the left side of the road. Around 2:30 P.M, when they covered a distance of about 500 yards on the G.T. Road towards Bathinda Cantt, meanwhile a bus bearing registration No. PB-11-C-9526 being driven rashly and negligently by the accused came from Rampura side and struck against Gurjant Singh alias Janti as well as the male buffalo calf from behind. The bus ran over Gurjant Singh alias Janti. He (Gurlal Singh) managed to escape with great difficulty. Gurjant Singh alias Janti as well as the male buffalo calf sustained injuries and as its consequence, they both expired at the spot. The bus came to halt after proceeding a little ahead. The driver as also the passengers alighted from the bus and came at the spot. Gurlal Singh along with Dalip Singh proceeded towards police station for reporting the incidence after leaving Dara Singh and Mohan Singh at the spot to guard the dead body. They came across the police officers in the cantt. area. He recorded his statement. On its basis, formal FIR was registered. The accused was arrested. After completion of the investigation, the charge-sheet was laid in the Court of learned Illaqa Magistrate for trial of the accused. The accused was charged under Sections 279/304-A/429 Indian Penal Code to which he did not plead guilty and claimed trial. To bring home guilt against accused, the prosecution examined PW1 Gurlal Singh, PW2 Dara Singh, PW3 Dr. K.S. Brar, PW4 C-I Jagtar Singh, PW5 Yashpal, PW6 Dr. Suresh Kumar, PW7 Smt. Indu Bala, PW8 ASI Devinder Singh and closed its evidence. When examined under Section 313 of Criminal Procedure Code, the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded false implication. He came up with the plea that the accident did not take place due to his negligence. He did not adduce any evidence in defence. After hearing the learned Assistant Public Prosecutor for the State, the learned defence counsel and examining the evidence on the record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling aggrieved with his conviction/sentence, he went up in appeal which met failure as noticed earlier. Being undaunted and dissatisfied with the judgments rendered by both the Courts below, he has preferred this appeal.

3. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection.

4. Mr. Sandeep Mann, Advocate appearing on