Back
IN THE HIGH COURT OF PUNJAB AND HARYANA
The Hon’ble Mr. Justice Mehinder Singh Sullar
CRA No.646-SBA of 2001
State of Punjab
v.
Davinder Singh
{Decided on 26/09/2013}
(i) Complainant was following the deceased at a distance of only three yards--If the offending bus was so rash and negligent, then, at the first instance, it ought to have hit the cycle of the complainant before ramming into the cycle of the deceased.
(ii) Complainant contended that he had brought deceased in a serious condition to the hospital--In that eventuality, the police ought to have recorded his statement during the course of preparing the inquest report and would have obtained his signatures on it and post mortem report as well--On the contrary, the dead body was identified by some other persons--It clearly indicates that neither the complainant had witnessed the accident nor brought the deceased to hospital, as projected by prosecution. (Para 20)
(B) Criminal Procedure Code, 1973, S.378--Appeal against acquittal--Factors to be considered--
The appellate court may only overrule or otherwise disturb the trial court’s acquittal if it has “very substantial and compelling reasons” for doing so.
A number of instances arise in which the appellate court would have “very substantial and compelling reasons” to discard the trial court’s decision--”Very substantial and compelling reasons” exist when:
i) The trial court’s conclusion with regard to the facts is palpably wrong;
ii) The trial court’s decision was based on erroneous view of law;
iii) The trial court’s judgment is likely to result in “grave miscarriage of justice”;
iv) The entire approach of the trial court in dealing with the evidence was patently illegal;
v) The trial court’s judgment was manifestly unjust and unreasonable;
vi) The trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declarations/report of the Ballistic expert, etc.
vii) This list is intended to be illustrative, not exhaustive. (Para 15)
Mr. Mehinder Singh Sullar, J. (Oral):- The crux of the facts & evidence, unfolded during the course of trial, which needs a necessary mention for the limited purpose of deciding the instant State appeal and emanating from the record, as claimed by the prosecution, is that Bishan Singh son of Bahadur Singh and complainant Madan Lal (PW5) (for brevity “the complainant”) were working in the Canteen of Agni Casting Factory, Mandi Gobindgarh. On 25.11.1996 at about 12 noon, they were going towards Mandi Gobindgarh on their respective cycles to fetch kerosene for the Canteen. As soon as, they crossed the Bus-stand of village Ajnali and came towards GT Road, in the meantime, a bus, bearing registration No.PB-11- F-9705 (for short “the offending bus”) came from the side of Sirhind and rammed into the cycle of Bishan Singh. He felled on the road and the tyre of the bus crossed over his thighs. After causing the accident, the bus was stopped after covering some distance. The complainant was stated to have removed Bishan Singh in an injured condition to Govt. Hospital, where he died on account of injuries.
2. Leveling a variety of allegations and narrating the sequence of events, in all, the complainant claimed that the accident in question had taken place due to rash and negligent driving of driver of the offending bus, in which, Bishan Singh succumbed to his injuries. In the background of these allegations and in the wake of statement (Ex.PA) of complainant, the present criminal case was registered against respondentaccused Devinder Singh son of Didar Singh (in short “the accused”), by virtue of FIR No.134 dated 25.11.1996 (Annexure PW6/A), on accusation of having committed the offences punishable under sections 279 and 304-A IPC by the police of Police Station Mandi Gobindgarh, District Fatehgarh Sahib, in the manner depicted here-in-above.
3. After completion of the investigation, the final police report (challan) was submitted by the police against the accused to face the trial for the pointed offences.
4. Having completed all the codal formalities, he was accordingly charge-sheeted for the commission of indicated offences. As he did not plead guilty and claimed trial, therefore, the case was slated for evidence of the prosecution by the trial Court.
5. Sequelly, the prosecution, in order to prove the crime against the accused, examined PW1 Dr.Jaspal Singh Rakhi, who, on 26.11.1996, conducted the post mortem examination on the dead body of Bishan Singh, vide post mortem report (Ex.PA/1) and found the following injuries on his person:-
1. Abrasion 10 C.M. on the left temporal region with defuse swelling.
2. Whole skin on the interior surface of both the thighs up to the middle is pelled of with muscles and vessel torn.
3. Large intestine coming out of the opening on the monos pupis with rupture of interior abdominal wall.
4. Testis and penis badly crushed and mutilated.
5. Lateral side of both the thighs have burn marks due to fraction and the skin is pelled of.
6. According to PW1, the cause of death was shock and hemorrhage on account of ante mortem injuries, which were sufficient to cause death in ordinary set of circumstances. He handed over a copy of PMR to the police. The time between injury and death was immediate and between death and post mortem was within 24 hours. PW9 Dr.Baljeet Singh has sent the written intimation (Ex.PB) to the police on 25.11.1996.
7. Likewise, PW5 complainant Madan Lal son of Shiv Singh has, inter-alia, stated that on 25.11.1996 at about 12 noon, he and Bishan Singh were going towards Mandi Gobindgarh on their respective cycles for fetching kerosene for the canteen. Bishan Singh was going ahead and he was following him. When they reached near Bus-stand of village Ajnali, in the meantime, a bus, bearing registration No.PB-11-F-9705 came from the side of Sirhind, without blowing horn, in a rash and negligent manner. It rammed into the cycle of Bishan Singh. His cycle was crushed. The tyre of b
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
