IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:-01.05.2025 Harvinder Singh ......Petitioner.

Vs.

State of Punjab ......Respondent.

CORAM:- HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Vishal R. Lamba, Advocate for the Petitioner.

Mr. Harkanwar Jeet Singh, Assistant Advocate General, Punjab.

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JASJIT SINGH BEDI, J.(ORAL)

The present revision petition has been filed impugning the judgment dated 13.02.2009 passed by Sessions Judge, Fatehgarh Sahib whereby the appeal filed against the judgment of conviction and order of sentence dated 23.08.2006 passed by Sub Divisional Judicial Magistrate, Amloh has been dismissed.

2. The FIR in the present case came to be registered on 10.12.2001. The judgment of conviction was passed on 23.08.2006 by the Sub Divisional Judicial Magistrate, Amloh. The Appeal filed against the order of conviction was dismissed on 13.02.2009 by the Sessions Judge, Fatehgarh Sahib. The instant revision petition was filed on 17.03.2009 and has come up for final hearing now i.e. after a period of more than 23 years from the date of registration of the FIR.

3. The present case was registered against the accused on the basis of the statement of complainant Jagroop Singh. In his statement dated 10-12- 2001 the complainant Jagroop Singh stated that he was a resident of village Tangrala P.S. Amloh and a truck driver. His brother Labpreet Singh was serving in the Army. On 9-12-01 he alongwith his brother Labpreet Singh went to village Chari, P.S. Khamano to see their sister. They left the village of their sister at about 4.00 p.m. Their nephew Manpreet Singh aged about 4 years also left with them. Manpreet Singh was standing before the driver seat of the scooter At about 5.00 pm. they reached in the area of village Ghutind. Then, one vehicle Mark Tata Sumo bearing No HR-01F-3757 came from Ramgarh side. The vehicle was driven by its driver at a high speed and negligently. The driver of the vehicle Tata Sumo struck against their scooter. Resultantly, he, his brother Labpreet Singh and his nephew Manpreet Singh fell down on the ground. Heavy damage was caused to their scooter. Labpreet Singh, his brother sustained multiple injuries on his person. Manpreet Singh sustained injuries on his head. The driver of Tata Sumo vehicle fled away from the spot alongwith the vehicle. He further stated that he could identify the driver of the vehicle. The injured were taken to Khanna. After consulting the relatives the injured persons were sent to DMC Ludhiana but on the way near Doraha Manpreet Singh died, who was sent back alongwith their sister. Labpreet Singh was admitted in D.M.C. Ludhiana. Sarwan Singh a resident of village Manopur, P.S. Khanna helped in admitting Labpreet Singh in D.M.C. Ludhiana.

4. After receipt of the telephonic message Baljeet Singh ASI alongwith other police officials left for DMC Hospital Ludhiana where Labpreet Singh injured was admitted. The attending doctor opined that Labpreet Singh was not fit to make a statement. There Jagroop Singh complainant met Baljeet Singh AS who got recorded his statement. The statement was also signed by Ajaib Singh Nambardar of village Tangrala. On the basis of statement of Jagroop Singh. Baljeet Singh ASI sent ruqa to police station and got recorded FIR. Thereafter, Baljeet Singh ASI reached at Civil Hospital, Amloh where the dead body of Manpreet Singh was lying. Post mortem on the dead body of Manpreet Singh was got conducted from Civil Hospital, Amloh and thereafter it was handed over to the family members. By reaching at the place of accident Baljeet Singh ASI prepared the site plan with correct marginal notes. From the spot, scooter bearing no. PB-48-7507 in a damaged condition was taken into police possession by preparing recovery memo which was witnessed by C-ll Sinder Singh and Ajaib Singh Nambardar. He also recorded the statements of the witnesses as envisaged U/s 161 Cr.P.C. On 16-12-01 accused Harvinder Singh produced the vehicle Tata Sumo No.HR-