The court upheld the conviction based on clear evidence of negligence while granting probation due to the lengthy trial and the accused's personal circumstances.

Yashvir Singh Rathor, J. (Oral)

1. Pe(cid:5)(cid:5)oner – accused namely Nazar Singh was held guilty and convicted by the Court of learned Judicial Magistrate Ist Class, Barnala vide judgment dated 04.09.2009 for the offences under Sec(cid:5)ons 279/337/338 IPC and sentenced under Sec(cid:5)on 279 IPC to undergo RI for a period of six months and to pay fine of Rs.500/- and in default of payment of fine, he was to undergo RI for a period of 15 days, under Sec(cid:5)on 337 IPC, to undergo RI for a period of six months and to pay fine of Rs.500/- and in default of payment of fine, he was to undergo RI for a period of 15 days and under Sec(cid:5)on 338 IPC, to undergo RI for a period of one year and to pay fine of Rs.500/- and in default of payment of fine, he was to undergo RI for a period of 15 days in case FIR No.16 dated 30.01.2004 registered under Sec(cid:5)ons 279, 337, 338 IPC at Police Sta(cid:5)on Dhanoula. Appeal filed by him was dismissed by the Appellate Court on 14.09.2010.

2. Brief facts of the prosecution case are that on 30.01.2004, one ruqa was received from Medical Officer, Civil Hospital, Dhanoula to the effect that Balwinder Singh s/o Jagroop Singh and Cheena Singh son of Jangir Singh have been admitted in Civil Hospital, Dhanoula on account of injuries having been suffered by them in a road traffic accident. Thereafter, ASI Ravinder Kumar, In- charge Police Post, Badbar was informed who reached the Civil Hospital, Dhanoula but both the injured were unfit to make statement. However, one Jasbir Singh son of Natha Singh got recorded his statement to the effect that on 30.01.2004, he along with one Balwinder Singh son of Sohan Singh was going from Village Badbar towards Dhanoula on his scooter, while Balwinder Singh son of Jagroop Singh and Cheena Singh, were going ahead of them on their scooter which was being driven by Balwinder Singh son of Jagroop Singh. At about 10:45 a.m., when they reached near Dera Sant Kartar Village Badbar, one Tata Sumo bearing No. HR-01L-0339 came from the opposite side of Dhanoula at a high speed and hit the scooter being driven by Balwinder Singh son of Jagroop Singh, as a result of which, Balwinder Singh and Cheena Singh suffered injuries. The driver of the offending vehicle stopped at the spot and on inquiry, he disclosed his name as Nazar Singh son of Bachan Singh, resident of Bhaini Vehra, Dhanoula but when people started gathering at the spot, he fled away along with the offending vehicle. Thereafter, injured were taken to the hospital for treatment with the help of passers-by leaving behind Surinder Kumar near the accidental scooter. He alleged that the accident took place due to rash and negligent driving on the part of the driver of offending vehicle make Tata Sumo. On the basis of this information, formal FIR was registered and the matter was investigated. Rough site plan of the place of occurrence was got prepared. Statements of the witnesses were recorded. The medico legal report and treatment report of both the injured were obtained. The ill-fated scooter was taken into possession from the place of accident. On 01.02.2004 accused was arrested and the offending vehicle was taken into possession along with the driving licence of the accused. Both the vehicles were got mechanically examined and after completion of investigation, final report under Section 173 Cr.P.C was prepared and presented in the Court for trial against the accused. On presentation of challan, copy of challan was supplied to the accused as required under Section 207 Cr.P.C and after hearing the Public Prosecutor and the accused, a prima-facie offence punishable under Sections 279