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2015 Supreme(P&H) 2162
IN THE HIGH COURT OF PUNJAB AND HARYANA
JITENDRA CHAUHAN, J.
NACHHATTAR SINGH – PETITIONER
Vs.
STATE OF PUNJAB – RESPONDENT
CRR No. 1095 of 2007
Decided on : 12-10-2015
Important Points
Subject
Criminal Law - Motor Vehicle Offenses
Act Referred
INDIAN PENAL CODE : S.304(a), S.279, S.338, S.337
Headnote
Negligence - Motor Vehicle Accident - 279 IPC, 304-A IPC, 337 IPC - The court discussed the provisions of Sections 279, 304-A, and 337 of the Indian Penal Code. It highlighted the elements of rash and negligent driving, the burden of proof for establishing the identity of the accused, and the importance of eyewitness testimony in determining the accused's culpability.
Fact of the Case:
The case involved a motor vehicle accident resulting in fatalities and injuries. The accused was convicted under Sections 279, 304-A, and 337 of the IPC for rash and negligent driving, leading to the deaths of four persons.
Finding of the Court:
The court found that the prosecution had successfully established the identity of the accused as the driver of the offending vehicle and proved his rash and negligent driving, leading to the fatal accident.
Issues: The key issues revolved around the identity of the accused, the circumstances of the accident, and the attribution of negligence to the accused.
Ratio Decidendi: The court relied on the consistent testimony of eyewitnesses, the site plan, and photographic evidence to establish the accused's identity and culpability for rash and negligent driving.
Final Decision: The revision petition was dismissed, and the judgments and order of conviction were upheld. The accused was ordered to serve the remaining part of the sentence.
For the Appellant :S.S. Tiwana for G.S. Singhpuria, Advocates
For the Respondent: Luvinder Sofat, Adv
Jitendra Chauhan, J.
This revision petition is filed against the judgment dated 11.6.2007, passed by the Sessions Judge, Mansa and the judgment of conviction and the order of sentence dated 25.4.2006, passed by the Judicial Magistrate Ist Class, Mansa vide which the accused was convicted and sentenced as under:-
Offence
Sentence
Fine
In default
279 IPC
RI for 6 months
Rs. 500/-
RI for 1 month
304-A IPC
RI for 2 years
Rs. 1000/-
RI for 2 months
337 IPC
RI for 6 months
Rs. 500/-
--
All the substantive sentences were ordered to run concurrently.
2. Brief facts of case of the prosecution as noticed in the judgment passed by the Sessions Judge are as under:-
"The prosecution story, in brief, is that on 11.10.1997 Gurdeep Singh son of Partap Singh the Seeri of Kulwant Singh had gone from village Gadar Patti, Boha to Dariarpur village, for fixing the marriage proposal of his daughter. While returning, the jeep in which Gurdeep Singh was travelling, met with an accident at about 7.00 P.M on the Boha- Budhlada road near the house of Kulwant Singh PW. That accident occurred with the bus of M/s Ladi Bus Service, registered, Mansa. Kulwant Singh reached the spot and found the jeep No. RJ-18-0484 involved in the accident with the bus and Gurdeep Singh had died at the spot and the other occupants of the jeep, namely, Bawa Singh, Birja Singh and Gurjant Singh, the owner of the jeep were injured. In the meanwhile, Darshan Singh son of Ajmer Singh reached there in his jeep No. PB-05A/7695, injured were being taken in that jeep for immediate medical aid towards Civil Hospital, Budhlada, and Kulwant Singh was accompanied by Janak Singh son of Labh Singh, Iqbal Singh son of Ajmer Singh, who had also reached the spot. It was at about 8.00 P.M., when the jeep reached near the turning of bus-stand of Rampur Mander that an Eicher tractor was seen coming from the opposite side at a fast speed and without the head-lights. The tractor was driven by Nachattar Singh accused-appellant and it banged with the jeep. Darshan Singh, the owner of the jeep died at the spot and Gurjant Singh, Birja Singh, Bawa Singh, Raj Janak Singh, Iqbal Singh and Surjit Singh suffered serious injuries. Kala Singh son of Gajjan Singh resident of Rampur Mander and Chowdikar Chuhar Singh were left near the dead body and the other injured were sent to the Civil Hospital, Budhlada, for treatment by arranging another vehicle from the village. The Police Party headed by Harbans Singh SI met Kulwant Singh in the way and recorded his statement Ex.PU, which was sent to the Police Station, vide endorsement Ex.PU/2 and FIR Ex.PU/3 was registered in the Police Station. Birja Singh, Bawa Singh and Gurjant Singh also succumbed to the injuries on their person. Post-mortem examination on the dead bodies was conducted in the Civil Hospital, Budhlada. The medico-legal examination of Surjit Singh, Raj Janak Singh and Iqbal Singh PWs was also conducted. The statements of the injured were recorded after obtaining opinion of the Doctor that they are fit to make the statements. The Police party visited the spot and took into possession the damaged vehicle i.e. Tractor and trolley vide memo Ex.PV and the jeep vide memo Ex.PW, attested by the witnesses. Some damaged parts of both the vehicles were also recovered from there for which memo Ex.PY was prepared. Photographer was called and photographs of the scene of occurrence Ex.P-1 to Ex.P-6 were taken and these were handed over to the Police along with the negatives vide memo Ex. PW-8/U. Rough site plan Ex.PW-8/B was also prepared by the Investigating Officer."
3. On completion of investigation, challan/report under Section 173 Cr.P.C was presented before the Court against the accused.
4. Charges under Sectio
