IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:-21.02.2025 CRR-2203-2008(O&M)

Harvinder Singh ......Petitioner.

Vs.

State of Punjab ......Respondent.

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

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

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JASJIT SINGH BEDI, J.

The present revision petition has been filed impugning the judgment dated 02.09.2008 passed by Additional Sessions Judge, Ferozepur whereby the appeal filed against the judgment of conviction and order of sentence dated 02.11.2006 passed by Judicial Magistrate Ist Class, Zira has been dismissed.

2. The FIR in the present case came to be registered on 10.05.1998. The judgment of conviction was passed on 02.11.2006 by the Judicial Magistrate Ist Class, Zira. The instant revision was filed on 22.10.2008 and have come up for final hearing now i.e. after a period of 26 years from the date of registration of the FIR.

3. The prosecution version is to the effect that on 10.5.98 one intimation was received from police post Behak Pacharian to the effect that a canter bearing no.RJ-14G/3492 had caused an accident near the bus stand of Behak Pacharian. SI/IO Sukhwinder Singh alongwith other police officials reached at the spot. Statement of LC Gurbagh Singh, an eye witness of the occurrence was got recorded, on the basis of which an FIR of present case was lodged. The complainant Gurbagh Singh in his statement stated that he had been deputed on general duty at police post Behak Pacharian. On the occurrence day i.e. on 10.5.98 at about 2-30 pm he alongwith C.Kulwant Singh, C. Nishan Singh were on patrolling duty and were present near bus stand Behak Pacharian. Then from the side of Zira one canter bearing no.RJ- 14G/3492 came at a high speed in a unsteady manner (swaying movement). Due to high speed and negligent driving he drove the canter truck into a pit. Then the complainant alongwith other police officials run to the place of occurrence. They enquired about the driver who disclosed his name as Babu Singh, Majhbi r/o The Qalander. Public person rescued the injured passengers and got them admitted at Civil Hospital Zira. In the meantime the driver of the canter managed to slip away. Complainant further stated that two children who were aged about 4-5 years and one person who was aged about 35/40 years died at the spot. The complainant further stated that canter was coming from Fazilka on the way to Amritsar in connection with marriage ceremony of one C.Balvir Singh r/o Radha Swamoy Colony, Fazilka which was to be held on 11.5.98 at Amritsar. The investigating officer after making endorsement on the above said statement of complainant, sent a ruqa for lodging the FIR. The investigation began. The inquest report of the dead bodies of the deceased Mohinder Pal, Kulwinder Singh and Silky Rani was got conducted. The post mortem on the said dead bodies was got conducted from Civil Hospital Zira. The site plan of the place of occurrence was prepared. The statement of witnesses was recorded. The Canter along with its initial RC and new RC which was found in the vehicle was taken into possession. The arrest of the accused was got effected on 19.5.98 as he was produced by Sandip Kumar. Thereafter, on completion of investigation and other formalities, the challan was filed against the accused.

4. Finding a prima facie case against the accused u/s 304- A/279/337 IPC, charges were framed to which he pleaded not guilty and claimed trial.

5. In evidence prosecution examined PW-1 Dr.Jaswant Singh, Medical Officer who conducted the post mortem examination on the dead bodies of Mohinder Pal, Kulwinder Singh and Silky Rani. He proved post mortem reports and pictorial diagrams showing seats of injuries Ex.Pl to Ex.P8, police requests Ex.P9 to Ex. P11 for conducting post mortem examination of the deceased and Ex.P12 intimation sent by him with regard to admission of other injured in hospita