THE PROSECUTION HAS THE BURDEN OF PROVING RASH AND NEGLIGENT DRIVING BEYOND REASONABLE DOUBT, AND IN THE ABSENCE OF SUCH PROOF, A CONVICTION CANNOT BE SUSTAINED.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Reserved on 17^th of November, 2022

Pronounced on 11^th January, 2023

CRR No.2603 of 2017 (O&M)

Gurmeet Singh

....Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN

Present :

Mr. Mohit Jaggi, Advocate

for the petitioner.

Mr. Sarabjit Singh Cheema, Dy. Advocate General, Punjab.

PANKAJ JAIN, J.

CRM-23644-2017

Application is allowed as prayed for.

CRR No.2603 of 2017

Present revision petition is directed against the judgment

passed by Sessions Judge, SAS Nagar, Mohali dated 1^st of June, 2017

whereby appeal preferred by the petitioner against the judgment of

conviction and order of sentence dated 5^th of November, 2016 passed by the

Court of SDJM, Derabassi stands dismissed.

2.

Petitioner was booked in FIR No.239 dated 13^th of September,

2014 registered for the offences punishable under Sections 279, 337, 338 of

the IPC.

3.

As per the case of the prosecution on 12^th of September, 2014

DEEPAK KUMAR

2023.01.13 14:16

I attest to the accuracy and

integrity of this document

CRR No.2603 of 2017 (O&M)

2

at about 8.15 pm, victim-Ramu who was standing on the road for crossing

slip road was hit by the offending vehicle being driven in a rash and

negligent manner. Later on number of the offending vehicle was discovered

to be PB-65T-1477 and the petitioner was put to trial. Complainant/victim

Ramu appeared as PW-3 and fully supported the case of the prosecution.

Trial Court after analyzing the evidence came to the conclusion that the

petitioner was guilty of having committed offences punishable under

Section 279 and Section 338 IPC and sentenced him as under :-

Under Section

Rigorous

Imprisonment

Fine

In default

279 IPC

6 months

Rs.1000/-

1 month

338 IPC

2 years

Rs.1000/-

2 months

4.

The appeal preferred by the petitioner was dismissed leading to

the present revision.

5.

Ld. Counsel for the petitioner has argued that neither the

number of offending vehicle finds mention in the FIR nor the name of the

petitioner. There is no independent witness to establish the identity of the

petitioner. He further submits that admittedly the offending vehicle is in the

name of one Amarjeet Singh son of Narinder Singh who has not been

examined during the trial and, thus, the evidence on record is discrepant to

sustain the finding of guilt qua the petitioner. He further submits that

merely on the statement of victim, the petitioner cannot be held guilty and

that too when the statement of victim-Ramu suffers from material

DEEPAK KUMAR

2023.01.13 14:16

I attest to the accuracy and

integrity of this document

CRR No.2603 of 2017 (O&M)

3

discrepancies.

6.

Per contra, Ld. State Counsel has argued that the injured has

supported the case of the prosecution and from bare perusal of his statement

it is evident that the same is of sterling quality. Both the Courts below

having rightly concluded the petitioner to be guilty, no fault can be found

with the judgment of conviction and order of sentence.

7.

I have heard counsel for the parties and have carefully gone

through the evidence on record.

8.

In whole of the evidence, the most material evidence on record

is in form of statement of victim/complainant-Ramu who appeared as

PW-3. His statement reads as under :

“I am a daily wager. On the day of occurrence, I was engaged in

work at village Bhankharpur and I was returning to my house. I

was working with Ramu Thekedar on daily wages. My working

hours are from 9-9 % AM to 6- 6% PM. It takes me 15 minutes to

reach home from work place. Sadhu Nagar Colony falls on left

side while going from Bhankharpur to Mubarakpur. It is incorrect

that I was not going through slip road cross. It is also incorrect

that I have not crossed the road carefully. It is correct that slip

road is a small road, but traffic was running from both the side on

it during occurrence. It is correct that vehicles used to pass slowly

on that road.