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2018 Supreme(P&H) 1260

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURINDER GUPTA, J.
Jasbir Singh - Petitioners
Versus
State of Punjab - Respondents
Criminal Revision No.4117 of 2017 (O&M)
Decided On : 06-08-2018

Advocates Appeared:
For the Petitioners:Mr. R.P. Dhir, Advocate.
For the Respondents: Mr. Amitoj Singh Dhaliwal, D.A.G.

The central legal point established in the judgment is the importance of following traffic regulations, particularly at night, and the consideration of the accused's conduct after the accident in determining the quantum of sentence.

Headnote:

RASH AND NEGLIGENT DRIVING - Indian Penal Code - Sections 279, 338, 304-A - Summary of the acts and sections referenced and discussed by the court: The court discussed the provisions of Sections 279, 338, and 304-A of the Indian Penal Code, focusing on the elements of rash and negligent driving, the consequences of such actions, and the quantum of sentence. The court emphasized the importance of following traffic signals, particularly at night, and highlighted the humanitarian approach of the accused after the accident.

Fact of the Case:

The petitioner was convicted for offences under Sections 279, 338, and 304-A of the Indian Penal Code for causing a road accident due to rash and negligent driving, resulting in injuries and death of the victims. The petitioner denied the charges and claimed trial.

Finding of the Court:

The court found the petitioner guilty based on the testimony of the prosecution witnesses, medical evidence, and the conduct of the petitioner after the accident. The court upheld the conviction and modified the quantum of sentence considering the humanitarian approach of the accused after the accident.

Issues: The issues revolved around the identification of the accused as the driver responsible for the accident, the admissibility of medical evidence, and the impact of non-examination of the investigating officer on the prosecution's case.

Ratio Decidendi: The court relied on the testimony of the prosecution witnesses, medical evidence, and the conduct of the accused after the accident to establish the guilt of the petitioner for the offences under Sections 279, 338, and 304-A of the Indian Penal Code.

Final Decision: The court partly allowed the revision petition, upholding the conviction of the petitioner for the offences under Sections 279, 338, and 304-A of the Indian Penal Code, while modifying the quantum of sentence.

JUDGMENT :

SURINDER GUPTA, J.

1. This is revision against the judgment dated 30.10.2017 passed by learned Additional Sessions Judge, Hoshiarpur, whereby the appeal filed by the petitioner against the judgment/order dated 03.03.2016 passed by Chief Judicial Magistrate, Hoshiarpur, convicting and sentencing him for offences punishable under Sections 279, 338 and 304-A of Indian Penal Code (for short-IPC), was dismissed.

2. As per case of the prosecution, Navdeep Singh @ Navi along with his friends Navjot Singh and Harsumiran Singh was going to bus stand on his motorcycle bearing registration No.PB-21B-7689. At about 10.15 p.m., they reached near Police Station Sadar Hoshiarpur and on seeing the green signal, tried to cross the Chowk. In the meanwhile, a Tavera vehicle of gray colour bearing registration No.PB-06H-0690, came from Chandigarh side. It was being driven in a rash and negligent manner and at a high speed. The driver of Tavera vehicle despite red light signal tried to cross the chowk and hit the motorcycle of complainant, resulting in serious injuries to Navdeep Singh, Navjot Singh and Harsumiran Singh, who fell on the ground. The driver of Tavera stopped his vehicle and tried to pick the complainant/injured and in the process, his driving licence fell at the spot from which the complainant came to know his name as Jasbir Singh son of Bua Singh. Navjot Singh succumbed to his injuries at the spot. In the meanwhile, a PCR of Punjab Police came at the spot. People also gathered there on which Jasbir Singh fled away from the spot. Initially, both injured was taken to Civil Hospital. Later Harsumiran Singh was got admitted in a Hospital at Mukerian and Navdeep to Bagha Hospital, Hoshiarpur This accident took place due to rash and negligent driving of Tavera vehicle by its driver Jasbir Singh.

3. Petitioner Jasbir Singh was arrested on 20.04.2009. The offending vehicle in damaged condition, was taken into possession and after completion of investigation, challan was presented before the Court.

4. After complying the provisions of Section 207 Code of Criminal Procedure(for short-Cr.P.C.) and on finding a prima facie case, charge for the offences punishable under Sections 279, 338 and 304-A IPC was framed against the petitioner to which he pleaded not guilty and claimed trial.

5. In support of its case, prosecution examined complainant Navdeep Singh as PW1, Dr. A.K. Saini as PW2, ASI Daljit Kumar as PW3, Head Constable Gurdeep Singh as PW4, Injured Harsumiran Singh as PW5, Harbhajan Singh PW6, Dr. Sukhwinder Singh as PW7, Dr. Rajesh Mehta as PW8. Thereafter the evidence of prosecution was closed by court order.

6. All the incriminating material was put to the petitioner-accused while recording his statement under Section 313 Cr.P.C., which he denied and pleaded his innocence and false implication. Petitioner did not lead any evidence in his defence.

7. Learned trial Court found the petitioner-accused guilty for the offences punishable under Sections 279, 338 and 304-A IPC and sentenced him as follows:-

Sr. No.

Under Section

Sentence.

1

279 IPC

Rigorous imprisonment for a period of Six months and to pay fine of Rs.500/- and in default of payment of fine the convict shall undergo simple imprisonment for a period of ten days.

2

304-A IPC

Rigorous imprisonment for a period of two years and to pay fine of Rs.500/- and in default of payment of fine the convict shall undergo simple imprisonment for a period of ten days.

3

338 IPC

Rigorous imprisonment for a period of one year and to pay fine of Rs.500/- and in default of payment of fine the convict shall undergo simple imprisonment for a period of ten days.

8. Conviction and sentence of petitioner as awarded by the trial Court was upheld by the Appellat














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