The admissibility of dying declaration, reliance on eyewitness testimonies, and the causal link between the accident and the death were central to the Court's decision.

JUDGMENT :

VINOD S. BHARDWAJ, J.

1. By means of the instant revision petition, a challenge has been raised to the judgment dated 24.07.2018 passed by the Sub Divisional Judicial Magistrate, Khamanon, in case FIR No.136 dated 23.10.2013, vide which the petitioner was convicted for offences under Section 279, 337, 338, 304-A IPC, registered at Police Station Khamanon, District Fatehgarh Sahib as well as the subsequent dismissal of the appeal vide judgment dated 26.10.2021 passed by the learned Sessions Judge, Fatehgarh Sahib. The following sentence was awarded by the learned Court:-

All the sentences were ordered to be run concurrently.

2. The undisputed facts as they emanate from the record reflect that medical ruqa was received by the police on 22.10.2013 as regards admission of injured Harpreet Singh and Mandeep Singh with the history of road side accident upon the police official visiting the Civil Hospital, Khamanon, he was informed about the patients having been referred to PGI Chandigarh. On 23.10.2013, Investigating Officer along with other police officials reached PGI and upon medical opinion as regards fitness of Harpreet Singh and Mandeep Singh to make a statement, the same was recorded. In the statement of Mandeep Singh S/o of Charan Singh, he informed that he along with Harpreet Singh son of Harnek Singh were going on scooter bearing No.PB-49-3019 from Kang Market, Khamanon towards their house. The scooter was being driven by him and Harpreet Singh was the pillion rider. At about 6:00 p.m., when they reached in front of gate of Anaj Mandi, Khamanon, then a Skoda car came from the behind, on a very high speed and in a rash and negligent manner and struck his car in their scooter. As a result of which, he and Harpreet Singh fell on the road and the car had dragged the scooter at a distance. Due to which his left leg from thigh was broken and had also received injuries on his head and blood starting oozing. Harpreet Singh had also received injuries on his head and his shoulder near right side of his neck has also been broken, who remained un-conscious at the spot. The driver of the Skoda car stopped his car at the spot and on seeing the multiple injuries on them, the driver of the said Skoda car fled away from the spot. He had noted down the number of the car as PB65P-0047 and the name of driver revealed as Gurpreet Singh son of Surjit Singh r/o Ranwan and the scooter was also badly damaged. He can identify the driver of car being produced before him. The accident occurred due to rash and negligent driving of the car driver.

3. On the statement of complainant, FIR in question was registered. The petitioner-accused was arrested during the course of investigation and mechanical testing of the vehicle was carried out. On 27.10.2013, as per information received from the PGI, Chandigarh, complainant Mandeep Singh died on account of injuries sustained by him. A final report under Section 173 Cr.P.C. was filed after completion of all formalities and the investigation, the same was present in the Court. As the petitioner pleaded not guilty, the trial commenced.

4. In order to prove its case, the prosecution examined as many as 12 witnesses viz., PW1 Dr.Sunil Subramanya, Jr. Resident of PGI, PW2 HC Rajinder Kumar, PW3 Gurdeep Singh, PW4 Harpreet Singh injured/eye witness, PW5 HC Dilbag Singh, PW6 Dr. Navdeep Singh, Sr. Resident of PGI, PW7 Jagpal Singh, PW8 Sohan