210 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:30.03.2026 Kulwinder Singh @ Kinda …Petitioner Vs.

State of Punjab and Anr. …Respondents Coram : Hon’ble Mr. Justice N.S.Shekhawat Present: Mr. Ghulam Nabi Malik, Advocate for the petitioner.

Mr. Bhanu Partap Singh, Addl. A.G. Punjab.

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N.S.Shekhawat J.

1. The petitioner has filed the present revision petition against the impugned judgment dated 16.07.2014 passed by the Court of Sessions Judge, Sangrur and the impugned judgment of conviction and order of sentence dated 07.06.2013, passed by the Court of Sub-Divisional Judicial Magistrate, Malerkotla, whereby the petitioner was ordered to be convicted for the offences punishable under Sections 279,337,338 of IPC and was sentenced as under:-

2. The brief facts of the case are that on 19.03.2007 on coming to know about admission of complainant Hari Singh son of Mangal Singh, resident of village Badla in Rajindra Hospital, Patiala in injured condition. Head Constable Jagtar Singh reached Rajindra Hospital, Patiala that Investigating Officer obtained opinion of the doctor regarding fitness of injured Hari Singh to make statement upon which doctor declared injured Hari Singh unfit to make statement. On 20.03.2007, Head Constable Jagtar Singh, Investigating Officer of the case accompanied by other police officials again visited Rajindra Hospital, Patiala and obtained opinion of the doctor to record statement of injured Hari Singh upon which doctor declared injured Hari Singh fit to make the statement and accordingly, statement of injured/complainant Hari Singh was recorded by the Investigating Officer. Hari Singh, injured/complainant made a statement that he was resident of village Badla, Police Station, Amargarh. District Sangrur and was labourer by profession and stated that on 11.03.2007 he along with his wife Tej Kaur had gone from village Badla to Dera of Saint at village Lasoi, when he and his wife were returning from said Dera situated at village Lasoi on scooter make Panther, at about 11.00 A.M., when they reached near T-point of Village Lasoi, on main Khanna-Malerkotla road and were going on their left side of the road. Tata Sumo, bearing registration no. HR 26-E-1918 being driven in a rash and negligent manner by Kinda son of Gandhi, resident of village Dudhal, to whom he already knew, came from behind and hit their scooter and as a result, he and his wife sustained injuries and they were transported to Civil Hospital, Malerkotla and from Civil Hospital, Malerkotla, they were taken to home as they could not arrange money, that his son-in-law (daughter's husband) and daughter Jaswinder Kaur took him to their village Bhanra and then, they got him admitted in Rajindra Hospital, Patiala on 17.03.2007. The accident occurred on account of rash and negligent driving of Tata Sumo by its driver, that aforesaid statement was read over to complainant Hari Singh, who signed the same, after admitting its contents to be correct and the said statement was sent to the police station, on the basis of which formal FIR was registered at Police Station, Malerkotla, under Sections 279,337, 338 and 427 of the Indian Penal Code.

3. After perusing the challan and accompanying documents, the Trial Court found that a prima facie case under Sections 279,337 and 338 of IPC was made out against the accused and he was charge-sheeted accordingly. However, the accused pleaded not guilty and claimed to be tried by the Trial Court.

4. In order to prove the charge against the accused, the prosecution examined 09 witnesses. PW-1 Dr. S.S Gill, PW-2 Head Constable Jagtar Singh, PW-3 Karnail Singh, PW-4 Dharam Singh,Clerk PW-5 Head Constable Avtar Singh, Mechanic PW-6 Dr.Dal