Judgment

Mr. Harkesh Manuja, J.

By way of present revision petition challenge has been made to the judgment dated 03.11.2011 vide which the learned CJM, SAS Nagar (Mohali) convicted the petitioner under Sections 279 and 304-A IPC and sentenced him to undergo RI for six months under Section 279 IPC and RI for two years under Section 304-A IPC, besides to pay a fine of Rs.10,000/- and in default thereof to further undergo RI for six months under Section 304-A IPC as well as judgment dated 17.11.2012 vide which learned Additional Sessions Judge, SAS Nagar (Mohali) even dismissed the appeal.

2. Brief facts of the case as projected by the prosecution are that on 08.07.2006 at about 4.00 PM, Devinder Singh/complainant alongwith his father-in-law Joginder Singh (since deceased) was going on foot from Phase-V to Gurudwara (Temple) of Phase- VI for paying obeisance. When he and his father-in-law Joginder Singh reached about 100 yards ahead of the Chowk of Dara Studio in Phase-VI, Mohali at that time his father-in-law was going ahead of him and in the meantime a Haryana Roadways bus bearing registration No. HR-68-4376 came from the side of Kharar on full speed being driven in rash and negligent manner, without even blowing any horn, hit Joginder Singh, his father-in-law. It was alleged that thereafter, Joginder Singh fell down along the edge of the road and sustained injuries on his head as well as other parts of the body. Driver of the bus (accused/petitioner) stopped the bus and took his father-in-law Joginder Singh to Civil Hospital, Mohali in the same bus. When Devinder Singh/complainant was busy in looking after his father-in-law Joginder Singh, in the meantime, taking advantage, petitioner / driver of the bus went away. Joginder Singh was referred from Civil Hospital, Mohali to PGI, Chandigarh where he was declared brought dead. It was pleaded that accident took place on account of rash and negligent driving of the bus, being driven by Mastan Singh, petitioner at a very high speed and without blowing any horn. The statement of the complainant was recorded by ASI Sukhdev Singh which was duly signed and FIR dated 09.07.2006 was registered under Sections 279 and 304-A IPC. After the completion of investigation, Mohali Police submitted its final report under Section 173 Cr.P.C. against the petitioner who was subjected to trial.

3. Vide judgment dated 03.11.2011, the learned CJM, SAS Nagar (Mohali) convicted the petitioner under Sections 279 and 304-A IPC and sentenced him as follows:-

(i) RI for six months under Section 279 IPC:

(ii) RI for two years and to pay a fine of Rs.10,000/- or in default to further undergo RI for six months under Section 304-A IPC.

4. Aggrieved against the impugned judgment dated 03.11.2011, petitioner filed appeal in the Court of the learned Additional Sessions Judge, SAS Nagar (Mohali), but the same was dismissed vide judgment dated 17.11.2012.

5. Present revision petition has been filed impugning both the aforementioned judgments dated 03.11.2011 and 17.11.2012 passed by the Courts below.

6. Learned Counsel for the petitioner primarily made submissions on two counts. Firstly, he submits that the presence of complainant - PW1 at the place of incident itself was doubtful as according to his statement, he took the deceased to Civil Hospital Phase VI along with the accused and then to PGI Chandigarh; but surprisingly no document has been proved on record by the prosecution to establish this. Secondly, he submits that the learned trial Court did not consider the evidence of PW-6 and the defence witness DW-1 thoroughly, where the defence witness brought the record showing that the bus in question departed from UNA for Panchkula