JUDGMENT :

Jasjit Singh Bedi, J. (Oral)

1. The present revision petition has been filed impugning the judgment dated 19.03.2008 passed by Additional Sessions Judge (Adhoc), Fast Track Court, Muktsar whereby the appeal filed against the judgment of conviction and order of sentence dated 28.04.2007 passed by Chief Judicial Magistrate, Muktsar has been dismissed.

2. The FIR in the present case came to be registered on 14.01.2002. The judgment of conviction was passed on 14.01.2002 by the Chief Judicial Magistrate, Muktsar. The Appeal filed against the order of conviction was dismissed on 19.03.2008 by the Additional Sessions Judge (Adhoc), Fast Track Court, Muktsar. The instant revision petition was filed on 21.05.2008 and has come up for final hearing now i.e. after a period of 22 years from the date of registration of the FIR.

3. The brief facts of the prosecution case are that on 14.01.2002, a police party headed by ASI Kulwant Rai of Police Station Bariwala was coming from village Sarainaga towards Village Warring in connection with checking the arrangements for the Maghi Mela. When the police party reached near the school, in the area of village Warring, it was about 12.30 p.m.. One scooter was going ahead of the Jeep of the police. Three persons were sitting on the scooter. They were going towards Muktsar on their left side. When the scooter reached in front of the school, one Bus bearing No. PB30-A-9505 of People Transport Company, Muktsar came from the opposite side. Accused Balwinder Singh, resident of village Thandewala, was driving the Bus. He was already known to ASI Kulwant Rai. The bus came at a high speed and in a negligent manner. It struck the scooter. All the scooterists fell down and suffered injuries. The acccused fled away alongwith the bus. The injured were taken to Civil Hospital, Kotkapura by ASI Kulwant Rai. Two persons succumbed to the injuries on the way to the Hospital. The names of the deceased were later on known as Jugraj Singh alias Jajji son of Veer Singh, resident of Dogar Basti, Faridkot, and Sonu son of Jaswant Singh resident of Talwandi Bhai and the name of the third injured was known as Jaswant Singh son of Arjan Singh, resident of Talwandi Bhai. As per ASI-Kulwant Rai, accused Balwinder Singh caused the accident by his rash and negligent driving of the bus and committed offences punishable under Section 279/304-A/337/338/427 I.P.C. ASI Kulwant Rai drafted the ruqa Ex.PWB/A on the basis of which the formal FIR Ex.PWB/B was registered at Police Station-Sadar Muktsar. During further investigation, the post-mortem examination of the dead bodies was got conducted vide police request Ex. PWB/C and site plan Ex. PWB/D of the place of occurrence was prepared. The scooter and bus were taken into police possession. The accused was arrested. Statements of witnesses were recorded. After the completion of the investigation, the accused was challaned to face trial in the Court.

4. After perusing the report under Section 173 of Cr.P.C. a prima facie case punishable under Section 304-A/279/337 of IPC was found to be made out against the accused and charges were framed.

5. The prosecution examined PW-1 Jaswant Singh, PW-2 HC Ranjit Singh, PW-3 -ASI Makhan Singh, PW-4 Baljit Singh-Photographer, PW-5 HC Dharam Pal, PW-6 C. Ramesh Kumar, PW-7-Dr. Satish Kumar Jagga, PW-8-Kulwant Rai-ASI, PW-9 Dr. Munish Kumar Goyal, PW-10 Sheetal Singh, and PW-11 Jaswant Singh, Mechanic.

The gist of their discrepancies are as under:-

PW-1 Jaswant Singh was one of the injured and he was scooter driver. He deposed that about two years back prior to the occurrence on Maghi Mela, he was going on his scooter bearing no.8127. His son Sonu and his wife's Sister's husband Jugraj Singh were sitting on pillion seat. When they reached near the school, in the area of village Warring, one bus came from the opposite side and it caused the accident. He deposed that his son Sonu, and Jugraj Singh expired due to this accident.

PW-2 HC Ranjit Singh is a