IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:-09.01.2025 Nirmal Singh ......Petitioner.

Vs.

State of Punjab ......Respondent.

CORAM:- HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Rajesh Bhateja, Advocate for the Petitioner.

Mr. Harkanwar Jeet Singh, AAG Punjab.

***

JASJIT SINGH BEDI, J.(ORAL)

The present revision petition has been filed impugning the judgment dated 17.11.2008 passed by Additional Sessions Judge, Patiala whereby the appeal filed against the judgment of conviction and order of sentence dated 10.11.2005 passed by Sub Divisional Judicial Magistrate, Samana has been dismissed.

2. The FIR in the present case came to be registered on 28.11.2001. The judgment of conviction was passed on 10.11.2005 by the Sub Divisional Judicial Magistrate, Samana. The Appeal filed against the order of conviction was dismissed on 17.11.2008 by the Additional Sessions Judge, Patiala. The instant revision petition was filed on 10.12.2008 and has come up for final hearing now i.e. after a period of 23 years from the date of registration of the FIR.

3. Succinctly, the prosecution version was that on 27.1.2001 the complainant Jaswinder Singh had gone to Patran on his scooter for domestic work Ravinderjit Singh son of his brother-in-law Pala Singh resident of Dera Ajimgarh P.S. Gulha, Distt. Kaithal (Haryana) who had come to village Dhanetha for repairing a TV set met him near Patran at about 7.30 p.m. while he was on Bajaj Chetak Scooter bearing Registration No PJV-8737, with pillion rider Surinder Singh son of Iqbal Singh and they were also having one TV set with them. While on their journey from Patran to Samana, the scooter of Surinder Singh and Ravinderjit Singh was ahead of the scooter of the complainant. They were on their left side. When they reached at bus stand village Kakrala, a jeep came from the opposite side at a high speed being driven by its driver in a rash and negligent manner. The jeep, all of a sudden took a turn from the main road, Samana, towards village Kakrala link road and as such hit the scooter of Ravinderjit Singh. As a result of the impact, both the persons traveling on the scooter fell down and received numerous injuries However, Ravinderjit singh succumbed to his injuries at the spot, whereas Surinder Singh was taken to Civil Hospital, Samana. The driver of the jeep managed to escape by taking the benefit of the darkness. Post Mortem on the dead body of Ravinderjit Singh was got conducted. A case under sections 279/337/304-A IPC was registered. The investigating officer prepared rough site plan of the place of occurrence and took the scooter and the broken TV into police possession. Photographs of the place of occurrence were clicked. Blood stained clothes of the deceased Ravinderjit Singh were taken into police possession. The scooter was got mechanically tested. On 5.12.2001 the accused was arrested in this case on the statement of Surinder Singh who had identified him. After taking the jeep bearing No.DBB-4715 taken into police possession, the same was also mechanically tested. The statements of the witnesses under section 161 Cr.P.C. were recorded. After completion of the investigation, final report under section 173 Cr.PC was furnished in the court.

4. In order to prove the offences against the accused/petitioner, the prosecution examined PW1 HC Piara Singh, PW-2 Jaswinder Singh (complainant), PW-3 Dr. Satish Arora, PW-4 Surinder Singh, PW-5 Jaswant Singh, PW-6 HC Harvinder Singh, PW-7 ASI Amrik Singh and thereafter the evidence of the prosecution was closed.

5. On conclusion of the prosecution evidence, the accused/petitioner was examined under Section 313 Cr. P.C. He denied the allegations of the prosecution case and pleaded that he had been falsely implicated in this case. He closed his defence evidence in the trial Court without examining any witness in defence.

6. Based on the evidence led, the accused/petitioner came to be convicted and sentenced by the court of Sub Divisional Jud