211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:09.04.2026 Om Vir Singh …Petitioner vs.

State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Ashish Naik, Advocate for the petitioner.

Mr. Charanpreet Singh, AAG, Punjab.

***

N.S.Shekhawat J. (Oral)

1. The petitioner has filed the present revision petition against the impugned judgment dated 16.04.2009 passed by the Court of Additional Sessions Judge, Sangrur and the judgment of conviction and order of sentence dated 30.01.2007 passed by the Court of Judicial Magistrate 1^st Class, Sunam, whereby the petitioner was convicted for commission of the offences punishable under Section 304-A of IPC and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/- alongwith default stipulation.

2. The brief facts of the case are that on 08.01.2002, complainant Harpal Singh son of Bhupinder Singh made a statement to ASI Harminder Singh of Police Station, Dirba to the effect that he and Parminder Singh son of Bharpur Singh and Rudal Kumar son of Harju Ram had been working as mechanic with Pantagon Mechanical Works, Dirba. Said concern is owned by Janak Raj son of Hakam Mal, resident of Grain market, Dirba. On the previous day, the complainant and Parminder Singh were taking meals while sitting on the North India Dhaba. In the meantime, Rudal Kumar had come there on his maruti car bearing registration No. C H-01 01 L 9880 and told them that he had come there to fetch the vegetable. He had purchased the vegetable from Dhaba and was going back in the above mentioned car. Complainant and Parminder Singh also started towards village Dirba on their scooter. When Rudal Kumar reached near Hemkunt School situated within the revenue limits of village Toor Banjara, it was about 11.00 p.m. a truck was coming from the opposite side at a very fast speed. Driver of the said truck had brought the truck on the wrong side and hit the same into the car driven by Rudal Kumar. Maruti car was thrown away by the impact. Complainant started looking after the injured Rudal Kumar and Parminder Singh went to call Janak Raj on his scooter. Later on, Janak Raj and Parminder Singh reached there and they shifted Rudal Kumar to Civil Hospital, Sunam in the maruti Zen car belonging to Janak Raj. However the Medical Officer had declared Rudal Kumar to be dead. Later on, he had come to know that truck bearing registration No. HR 37 6177 was being driven by Om Vir Singh son of Tuhi Ram, resident of Sarangpur, District Bhiwani. Said accident occurred due to rash and negligent driving of the driver of the truck. On the basis of said statement, FIR No. 9 dated 08.01.2002 U/s 304 A IPC was registered at Police Station, Dirba. During the course of investigation, the investigating officer visited Civil Hospital, Sunam and prepared the inquest report of the dead body. Post-mortem examination of the dead body was also got conducted. The investigating Officer also visited the place of occurrence and prepared the rough site plan of the same. Photographs of the accidental vehicles were also got taken and the vehicles were taken into possession from the spot vide separate memo. Accused was arrested and was released on bail. Statement of the witnesses U/s 161 Criminal Procedure Code were recorded. On completion of investigation, challan against the accused was presented before the learned Illaqa Magistrate.

3. After presentation of the challan, the trial Court found that a prima facie case under Sections 304-A/427 IPC was made out against the present petitioner and he was ordered to be charge-sheeted, accordingly. He pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined PW-1 Dr. Ishwar Singh, PW-2 Harpal Singh, PW-3 C. Jarnail Singh, PW-4 Harju Ram, PW-5 Kulwinder Singh, PW-6 Parminder Singh, PW-7 ASI Harminder Singh, PW-8 Janak Raj, PW-9 Parminder Pal Singh, PW-10 Surinder Singh, PW-11 Jagtar Singh, PW-12