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

State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Kanwal Goyal, Advocate and Ms. Kamal Klana, Advocate for the petitioner.

Mr. Charanpreet Singh, AAG, Punjab.

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N.S.Shekhawat J. (Oral)

1. The petitioner has filed the present revision petition against the impugned judgment dated 01.05.2010 passed by the Court of Additional Sessions Judge, (Fast Track Court), Patiala and the judgment of conviction and order of sentence dated 06.08.2005 passed by the Court of Sub-Divisional Judicial Magistrate, Rajpura, whereby the petitioner was convicted for commission of the offence 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.500/- alongwith default stipulation.

2. The brief facts of the case are that on 18.03.2000, ASI Salinder Singh alongwith some other police officials was going to Rajpura Town through KSM road in connection with patrolling. When the police party reached near Nirmal Stadium, complainant Jagdish Kumar made him statement that he is resident of Rajpura Town and is working as Agent with Patiala Express Transport. On that day at about 8.40 a.m, when the complainant alongwith Dr. Ramesh Kumar son of Dr. Sham Sunder, resident of Gandhi Colony, KSM Road, Rajpura Town was standing in front of house of Dr. Ramesh Kumar at Kasturba Road, then a private bus No. PJP-5566 of Amrit Banaspti Ltd. came from Main Bazaar Hira Chowk side at a very high speed. Giani Devi wife of late Sheetal Dass, resident of H.No.1172, KSM Road, Rajpura Town, who was aunt of Dr. Ramesh Kumar was going on the road towards her house. She was going on correct side of the road. The abovesaid bus was being driven by accused Surmukh Singh son of Bachan Singh, resident of village Jhansla, Police Station Banur in a rash and negligent manner and it run over Giani Devi. Front left side fire of the bus crushed head of Giani Devi. She received some other injuries on her person. Her injuries were bleeding. Noise was raised by the complainant and the bus was stopped by its driver. However, the bus driver fled away from the spot after leaving the bus there. Complainant can identify the bus driver. Then complainant and Dr. Ramesh Kumar with the help of some other persons tried to shift Giani Devi to A.P Jain Hospital, Rajpura. But due to bleeding from her head, she died at the spot. After leaving Dr. Ramesh Kumar near dead body of Giani Devi, when the complainant was going to give information at Police Post Kasturba Road, then a police party met him and reached the spot and recorded his statement.

3. After registration of the FIR, necessary investigation was conducted by the police. Still further, after concluding the investigation, the final report under Section 173 Cr.P.C. was presented before the Court of law. The charge under Sections 279, 304-A of IPC was made out against the petitioner and he was ordered to be charge-sheeted, accordingly, to which, he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined PW1 Davinder Singh, Mechanic, who proved report Ex.PA. PW-2, Dr. Ramesh Kumar is an eye witness of the accident in question and Ex. PB is his statement recorded by the police. PW-3, Jagdish Kumar, complainant is also an eye witness of the accident in question and Ex.PC is his statement recorded by the police. PW-4, ASI Salinder Singh, Investigating Officer of the case proved documents Ex.PC to Ex.PJ. PW-5, Dr. Satish Bansal, proved post- mortem examination report (Ex. PW5/A) and thereafter, the prosecution evidence was closed.

5. After closure of the prosecution evidence, the statement of the petitioner under Section 313 Cr.P.C. was recorded and all the incriminating circumstances were put to him. However, he denied all allegations and pleaded false implication in the present case. No defence evi