IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Revision No.1195 of 2000

Date of decision: 23^rd February, 2010

Jagnandan Singh

… Petitioner

Versus

State of Punjab

… Respondent

CORAM:

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:

Mr. Harsh Aggarwal, Advocate for the petitioner.

Mr. Mehardeep Singh, Deputy Advocate General, Punjab

for the State.

KANWALJIT SINGH AHLUWALIA, J.

Jagnandan Singh son of Hakik Singh was tried in case FIR

No.224 dated 11.12.1995 registered at Police Station Sangrur under

Sections 279/304-A IPC for causing death of Darshan Singh. The trial

Court on 13^th January, 1999, sentenced the petitioner to pay a fine of

Rs.200/- under Section 279 IPC, in default of payment of fine to undergo

15 days imprisonment. Petitioner was further sentenced under Section

304-A IPC to undergo rigorous imprisonment for six months and to pay a

fine of Rs.300/-, in default of payment of fine to further undergo rigorous

imprisonment for 15 days. Both the sentences were to run concurrently.

Petitioner had filed an appeal. The same was also dismissed

on 12^th May, 2000. The appellate Court upheld the conviction and

maintained the sentence.

A peculiar feature of this case is that accused Jagnandan

Singh died on 28^th December, 2002 leaving behind Kulwinder Kaur widow

Criminal Revision No.1195 of 2000

and two sons namely Daljit Singh and Kuldip Singh. Since Kulwinder Kaur

was denied retiral benefits she filed an application to pursue the present

revision petition. A Single Bench of this Court accepted the request on

September 22, 2003. A perusal of the order shows that when the revision

petition was entertained, by that time petitioner had already undergone his

sentence, therefore, primarily for retrial benefits of Jagnandan Singh

accused, his widow is pursuing the present revision petition.

In the present case, FIR was lodged on the basis of statement

Ex.PA made by Budh Ram before ASI Jasvir Singh on 11^th December,

1995 at 11.45 a.m. at Civil Hospital, Sangrur. In the statement, Budh Ram

stated that he is resident of village Badrukha and vendor of various goods

and same are sold by him by going in village to village on bicycle. Darshan

Singh was also engaged in the same business. On 11^th December, 1995

at about 9.00 a.m. both complainant Budh Ram and Darshan Singh were

going together on their bicycles on road little ahead of Gurdwara

Mastuana. Darshan Singh was going on bicycle about 30/40 steps ahead.

When they reached in front of the Haweli of Shiv Charan Dass, then from

the Sangrur side, one bus bearing registration No.PB 12A-9822 came at a

very high speed in rash and negligent manner without blowing horn and hit

Darshan Singh. Complainant along with one Ruldu Ram, who was present

at the spot, brought Darshan Singh to Civil Hospital, Sangrur, where on

reaching Darshan Singh was declared dead. Bicycle of Darshan Singh

was also broken in the accident. The bus driver after going little ahead,

stopped the bus and ran away from the spot. The name of the bus driver

was lateron learnt as Jagnandan Singh son of Hakik Singh. A grievance

was made that the accident had taken place due to rash and negligent

driving of the bus driver.

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Criminal Revision No.1195 of 2000

The above said FIR was investigated and report under

Section 173 Cr.P.C. was submitted. Charge under Section 279 and 304-A

IPC was framed against the accused petitioner, who pleaded not guilty

and claimed trial.

Prosecution examined Lakhvir Singh as PW-1. He had

identified the dead body of Darshan Singh in Civil Hospital, Sangrur.

Hasan Singh PW-2 was brother of deceased Darshan Singh.

He had also identified the dead body of Darshan Singh.

Budh Ram complainant appeared as PW-3. He reiterated as

to what was stated in the FIR. He also stated that at the spot, he later on

learnt the name of the accused as Jagnandan Singh. From a perusal of

the statement Ex.PA, on the basis of which formal