Negligence in driving leading to fatality can be established without a test identification parade if the identity is corroborated by credible witnesses.

JUDGMENT :

Jasjit Singh Bedi, J. (Oral)

1. The present revision petition has been filed impugning the judgment dated 08.04.2008 passed by Additional Sessions Judge Rewari whereby the appeal filed against the judgment of conviction and order of sentence dated 24/25.04.2006 passed by Judicial Magistrate Ist Class, Rewari has been dismissed.

2. The FIR in the present case came to be registered on 30.06.1999. The judgment of conviction/sentence was passed on 24/25.04.2006 by the Judicial Magistrate Ist Class, Rewari. The Appeal filed against the order of conviction was dismissed on 08.04.2008 by the Additional Sessions Judge, Rewari. The instant revision petition was filed on 25.09.2008 and has come up for final hearing now i.e. after a period of more than 25 years from the date of registration of the FIR.

3. In brief, the facts of the prosecution case are that on 30.6.99, when HC Mahabir Singh alongwith Constable Satbir Singh and Constable Suresh was present on the Delhi road on routine patrolling duty a person came from Rewari side and disclosed his name as Dharampal son of Sultan Singh. He stated that he was a resident of Khalipuri and on that morning, after completing his work at Rewari, he was returning back to his house on his cycle. When he reached near Gupta Farm, a truck came at a high speed and was being driven in a rash and negligent manner. The truck driver came on the wrong side and struck a tractor. He reached the site but the truck driver ran away from there towards the fields. He found two persons dead at the spot, one of them was Sumer Singh and another was Gajraj. Sumer was his uncle's son and Gajraj was also known to him. The truck was bearing registration No.HRU-6653. He stated that he had come to report the matter and urged that the truck driver be arrested. On this information, FIR under Sections 279 , 304-A IPC was lodged in the police station Sadar Rewari. The accused was arrested by the police on 3.10.99 and was released on bail. Both the vehicles involved in the accident were got mechanically examined. Site plan was prepared. Post mortem reports of deceased Sumer and Gajraj were obtained. Statements of witnesses were recorded under Section 161 Cr.P.C. After completion of the investigation, report u/s 173 Cr.P.C. was prepared and presented before the court for trial of the accused.

4. On finding a prima facie case, the accused was charge-sheeted for the offences punishable under Sections 279 & 304-A IPC to which he pleaded not guilty and claimed trial.

5. In support of its case, the prosecution examined Dr. R.A. Gupta, M.O. who conducted the postmortem examination on the dead bodies of Sumer and Gajraj as PW1. He proved the post-mortem reports as Ex.PW1/A and Ex.PWl/B. HC Satbir Singh examined as PW2 proved recovery memo vide which RC and Insurance certificate of truck No.HRU-6653 were taken into police possession, as Ex.PW2/A. Shyam Kishore Motor Mechanic was examined as PW3, who proved the mechanical report of the offending truck as Ex.PW-3/A and the tractor as Ex.PW-3/B. Constable Suresh Kumar was examined as PW-4, who proved the recovery memo as Ex.PW-4/A vide which the truck was taken into possession. Complainant Dharampal was examined as PW-5 and corroborated the prosecution case. He also proved his statement Ex.PW-5/A upon which the FIR was registered. Chiranji Lal (Retd. Head Master) was examined as PW-6, who identified the dead bodies of Sumer Singh and Gajraj. SI Randhir Singh was examined as PW-7, who deposed that he collected the photographs of the place of incident produced by Rajesh Kumar of Ashoka Photo Studio, Rewari and attached wi