The court upheld convictions based on eyewitness testimony, affirming that identity can be established without a test identification parade.

JUDGMENT

Mr. Deepak Gupta, J.

Petitioner was tried by the Court of learned Sub Divisional Judicial Magistrate, Phillaur in a case arising out of FIR No.15 dated 11.01.2013 registered at Police Station Phillaur, District Jalandhar under Section 279 , 337, 338, 427 and 304-A IPC. After conclusion of trial, petitioner was convicted vide judgment dated 17.11.2017 under Sections 304-A, 279, 337 and 338 IPC. Vide a separate order of the even date, he was sentenced as under: -

2. Against the afore-said judgment of conviction and order of sentence, petitioner preferred appeal but the same was dismissed by the Court of learned Additional Sessions Judge, NRI Cases, Jalandhar on 04.04.2022.

3. It is against the afore-said concurrent finding of conviction that petitioner has filed this revision.

4. As per prosecution case, on 11.01.2013, complainant - Paramjit Singh had gone to drop his sister Rajwinder Kaur, who is working as a teacher in S.S.N. Senior Secondary School, Bhar Singh Pura, to school on his motor-cycle. School Van bearing registration No. PB-13-U-6495 of the afore-said school was going ahead of him being driven by Parminder Singh alias Rinku, occupied by 12/13 students of the school. At about 08:00 a.m., as they reached ahead of Bhar Singh Pura Petrol Pump, a Tata Vehicle bearing No. PB-10-DC- 1276 came from the side of Phillaur being driven by its driver negligently, at a high speed and without blowing any horn, struck towards the driver side of the school van by coming from the wrong side of the road and then sped away. He (complainant) Paramjit Singh stopped the motor-cycle and found the children of the school van crying. Manpreet Kaur, Jaspreet Kaur and Sarabjit Kaur had received serious injuries; whereas Simranjit Kaur and Paramvir Singh had died. A number of persons assembled there and the injured children were sent to Phillaur hospital. Name of the driver of offending Tata-407 vehicle was later on known as Avtar Singh- petitioner, who had sped away with the vehicle after causing the accident.

5. On the statement made by Paramjit Singh to the Police, formal FIR was registered. Dead body of Paramvir Singh and Simranjit Kaur were sent for post mortem examination. On 12.01.2013, injured Sarabjit Kaur also succumbed to the injuries. Accused was arrested. Vehicles involved in the accident were taken into possession. After concluding investigation, final report under Section 173 Cr.p.C was presented in the Court.

6. Accused was charge-sheeted under Sections 279 , 337, 338, 427 and 304-A IPC, to which he pleaded not guilty and claimed trial. Prosecution examined as many as 22 witnesses to prove the charges. All the incriminating material appearing in the evidence was confronted to the accused in his statement recorded under Section 313 Cr.P.C but he controverted the same and pleaded false implication. However, no evidence in defence was led by him. After hearing both the sides, learned trial Court recorded conviction and sentenced the petitioner vide impugned judgment dated 17.11.2017 and the appeal against that judgment has been dismissed on 04.04.2022, as stated earlier.

7. It is contended by learned counsel that as per prosecution allegations, petitioner was driving TATA-407 bearing No. PB10-DC-1276 and he caused the accident with school van bearing No. PB-13-U-6495, resulting in death of three school children on 11.01.2013. It is contended that petitioner is alleged to