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2018 Supreme(P&H) 3232
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
A.B. Chaudhari, Inderjit Singh, JJ.
Godar Singh - Appellants
Versus
State Of Haryana - Respondent
Criminal Appeal No. 665 of 2011
Decided On : 26-03-2018
Ruchi Sekhri, Adv., Kuldeep Tiwari, Adv.
The main legal point established in the judgment is the distinction between a road side accident and an intentional act, based on the evidence and motive, leading to the conviction or acquittal of the accused.
Headnote:
Roadside Accident - Criminal Law - Section 302, Section 34 IPC - The court discussed the evidence and law related to the intentional act of driving a tractor to run over victims, leading to their death and injuries. The court upheld the judgment of conviction and order of sentence for accused-appellant No.1 Godar Singh, while acquitting accused-appellant No.2 Lakhi Ram due to reasonable doubt.
Fact of the Case:
The case involved a road side accident where a tractor was intentionally driven to run over victims, causing deaths and injuries. The accused were convicted and sentenced, leading to the present appeal.
Finding of the Court:
The court found that the evidence supported the intentional act of driving the tractor to cause harm, leading to the conviction of accused-appellant No.1 and the acquittal of accused-appellant No.2 due to reasonable doubt.
Issues: The main issue was whether the incident was a road side accident or an intentional act, and the guilt of the accused beyond reasonable doubt.
Ratio Decidendi: The court relied on the statements of prosecution witnesses, motive, and absence of defense evidence to conclude that it was not a road side accident but an intentional act, leading to the conviction of accused-appellant No.1 and the acquittal of accused-appellant No.2.
Final Decision: The appeal of accused-appellant No.1 was dismissed, upholding the judgment of conviction and order of sentence, while the appeal of accused-appellant No.2 was accepted, setting aside the judgment of conviction and order of sentence, and acquitting him of the charges.
JUDGMENT
Inderjit Singh, J —None has appeared on behalf of appellant No.2. Ms. Ruchi Sekhri, Advocate, who is appearing for appellant No.1, is appointed as legal aid counsel on behalf of appellant No.2 also.
2. The present appeal has been filed by appellants-Godar Singh and Lakhi Ram challenging the judgment of conviction dated 13.06.2011 and order of sentence dated 15.06.2011 passed by learned Sessions Judge, Fatehabad whereby they were convicted and sentenced as under:
| Under Section | Sentence | In default of payment of Fine |
| 302 read with Section 34 IPC | To undergo imprisonment for life and to pay a fine of Rs. 21,000/- each. | To further undergo rigorous imprisonment for a period of one year each. |
| 307 read with Section 34 IPC | To undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 11,000/- each. | To further undergo rigorous imprisonment for a period of six months each. |
. 3. Both the sentences have been ordered to run consecutively. Brief facts of the present case are that FIR has been registered on the statement of Kulwinder Singh, which was given to SHO/Inspector Bimla Rani, on 08.10.2009. In his statement, he stated as under:
"Statement of Kulwinder Kumar son of Mukhtiar Singh, caste Saini, resident of village Jamal Pur Shekha, aged 30 years. Stated that I am resident of abovesaid address and practising as an Advocate at Civil Courts, Tohana. Today on 07.10.2009, at about 7.30 p.m. I alongwith Roop Singh son of Sucha Singh, Banarsi son of Mukand Ram, caste Saini, residents of village Jamal Pur was standing at bus stand in front of shop of Giana son of Naraina Ram and talking with them, while at some distance Anil son of Jarnail Singh, Bansi and Binda Ram sons of Labh Singh, caste Saini, residents of village Jamal Pur Skekhan were also present in front of an adjoining shop and talking with each other. In the meantime, a Tractor bearing registration No.HR 23-B/3157 make HMT of yellow colour came from the side of village Akanwali, which was being driven by Godar son of Modan, caste Chamar, resident of village Jamal Pur Shekhan while Lakhi son of Santu, caste Chamar of same village was sitting by his side. Godar and Lakhi exhorted that a lesson be taught to Anil for insulting on that day and they would kill him. On this, Godar turned his tractor with trolley towards shop of Chander Bhan and ran it over Anil and Bansi standing there, who died at the spot and when Binda Ram son of Labh Singh tried to run away, then they tried to run over him but he jumped in the side because of which he sustained injuries. Motive is that about 10 days back, Godar asked Anil for lifting earth through JCB machine, but Anil did not find any profit in that proposal and on this Anil said he will not gain anything in that proposal, so he will not do the work with his machine. Godar said he had promised and you will do this work. On this, an altercation took place between them and Godar gave fist blows and slaps to Anil and stated that by way of refusal, he had insulted me and if you do in future I will kill you. Because of this grudge, today Godar and Lakhi ran over his tractor on Anil, Bansi and Binda with intention to kill."
4. On the basis of this statement, FIR No.247 dated 08.10.2009, under Sections 304/34 IPC was registered at Police Station Sadar Tohana. Thereafter, Inspector Bimla Devi conducted the inquest proceedings regarding dead bodies of Anil and Bansi and post-mortem examination was got conducted. She thereafter inspected the spot and got the place of occurrence photographed. The blood stained earth lying at the spot was also lifted. Tractor bearing registration No.HR 23-B-3157 was also taken into possession vide recovery memo. Rough site plan was also prepared. Statements of witnesses were recorded. After necessary investigation, challan was presented against th
