IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:-07.02.2025 Sukhdev Singh ......Petitioner.

Vs.

State of Punjab ......Respondent.

CORAM:- HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Ms. Kamlesh, Advocate, Amicus Curiae for the Petitioner.

Mr. Prabhdeep Singh Dhaliwal, Assistant Advocate General, Punjab.

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JASJIT SINGH BEDI, J.(ORAL)

The present revision petition has been filed impugning the judgment dated 17.11.2008 passed by Additional Sessions Judge, Ferozepur whereby the appeal filed against the judgment of conviction and order of sentence dated 22.02.2007 passed by Judicial Magistrate Ist Class, Abohar has been dismissed.

2. The FIR in the present case came to be registered on 02.10.2000. The judgment of conviction was passed on 22.02.2007 by the Judicial Magistrate Ist Class, Abohar. The Appeal filed against the order of conviction was dismissed on 17.11.2008 by the Additional Sessions Judge, Ferozepur. The instant revision petition was filed on 01.12.2008 and has come up for final hearing now i.e. after a period of 24 years from the date of registration of the FIR.

3. Briefly stated, the facts of the case of the prosecution are that on 2.10.2000 on receipt of information in the police station regarding admission of Harminder Singh son of Karnail Singh and other passengers in Civil hospital Abohar having received accidental injuries, ASI Iqbal Singh alongwith other members of police party reached civil Hospital Abohar and recorded the statement of complainant Balwinder Singh son of Bhag Singh of Village Khippanwali. In his statement he stated that he was an agriculturist. His cousin Raghubir Singh son of Jugraj Singh had been admitted in the PGI Chandigarh. On that day, in the morning he and his other cousin Harminder Singh S/o Karnail Singh and his sister-in-law Jaswinder Singh wife of Raghubir Singh boarded bus bearing registration No. PB-05E-9697 for going to Chandigarh to see his other cousin Raghubir Singh. The bus was being driven by Sukhdev Singh. At about 6.00 am the bus reached at "T" point of Village Chanan Khea. The driver of the bus namely Sukhdev Singh was driving the bus at a high speed in a rash and negligent manner and due to his rash and negligent driving the bus over turned due to which the passengers of the bus sustained injuries. They came out of the bus and after arranging a conveyance, they reached at Civil Hospital, Abohar where they were medico legally examined. Due to serious injuries on the person of his bother Harminder Singh he was being taken to the DMC Ludhiana but on the way, he expired due to the injuries. The accident had occurred due to the rash and negligent driving of the bus by accused Sukhdev Singh. Based on this statement the FIR was registered. The investigation of this case was conducted by ASI Iqbal Singh. The investigating Officer visited the place of occurrence and prepared the rough site plan of the same. He also recorded the statements of the witnesses. The bus involved in the accident was taken into police possession and mechanical test of the same was got conducted from mechanic. The accused was arrested in this case. After completion of the investigation, final report U/s 173 Cr.P.C. was presented before the Trial Court.

4. Charges were framed against the accused under Section

279/304-A/337/338 IPC to which he pleaded not guilty and claimed trial.

5. In order to substantiate the charge against the accused the prosecution examined PW-1 Balwinder Singh, complainant, PW-2 Dr. DP Godara, SMO Civil Hospital Abohar, PW3 Ramesh Chander, PW-4 Jaswinder Kaur, PWS ASI Iqbal Singh. PW-6 Bakhshish Masih, PW-7 Anu Sharma, PW-8 PHG Gurjant Singh, Pw-9 Dr. R.K. Arora, SMO Civil Hospital Abohar, Pw-10 Deputy and PW-11 Neeraj Kumar Clerk Regional Transport authority, Ferozepur.

6. After closure of the prosecution evidence, the statement of the accused was recorded under Section 313 Cr.P.C. by putting all the incriminating evidence to him. He denied alleging the same to be inc