CRR No. 585 of 2003 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

--

CRR No. 585 of 2003

Date of decision: 19.04.2010

Rattan Lal

........ Petitioner

Versus

State of Punjab

.......Respondent(s)

Coram:

Hon'ble Ms Justice Nirmaljit Kaur

-.-

Present:

Mr. B S Walia, Advocate

for the petitioner

Mr. K S Pannu, DAG, Punjab

for the respondent- State

-.-

1.

Whether Reporters of local papers may be

allowed to see the judgement?

2.

To be referred to the Reporter or not?

3.

Whether the judgement should be reported in

the Digest?

Nirmaljit Kaur, J.

This is a revision petition against the judgement dated

30.01.2003 passed by the Additional Sessions Judge, Ropar upholding the

conviction and sentence awarded to the petitioner under Sections 279, 337

read Section 304-A of the Indian Penal Code vide judgement/order dated

15.05.2002 passed by the Judicial Magistrate Ist Class, Anandpur Sahib.

As per the facts as recorded by the Additional Sessions Judge

that the case advanced by the prosecution are that on 11.0.199, one Lekh

Ram son of Shanker Singh Rajpoot resident of Village Balorh, Police

CRR No. 585 of 2003 2

Station Boranj, District Hamirpur made a statement to the police that he is

working as Teacher and on 11.08.1998 at about 10.30 am, he along with his

daughter Veena Kumari were going to Chandigarh for her interview and

they were travelling in Bus No. HP 20 0669. The Bus was being driven by

Sohan Singh and it belonged to Una Bus Depot. He stated that he and his

daughter Veena Kumari were sitting on his right hand and various other

passengers were also travelling in the same bus. When the bus reached

near Kalyanpur Pacca main road, leading from Ropar to Nangal, it was

12.45 pm. At that time, one truck bearing No. HIB 2713 came from the

Kiratpur Sahib side which was being driven by a driver who had tied a

parna on his head. The said truck was being driven in a very rash and

negligent speed and it hit against the side back portion of the bus, as a result

of which, the arm of Veena Kumari was cut and the same fell down on the

road side. She suffered various injuries on her person and died on the spot

in the bus itself. At a small distance, the truck driver stopped the truck and

then he ran away from the spot leaving the truck there. Veena Kumari was

taken to Civil Hospital, Anandpur Sahib, where the post mortem of the dead

body was done. The complainant stated that the accident has taken place

due to rash and negligent act of the truck driver. After recording his

statement, the FIR was registered. The investigations were conducted,

during which the accused was arrested, the truck and the bus were taken in

custody, there mechanical tests were also got done, site plan was prepared,

inquest report was also drawn, photographs of the site were taken, the post

mortem report was obtained from Civil Hospital, Anandpur Sahib and after

completion of the investigations, the challan was presented in the court for

CRR No. 585 of 2003 3

the trial of the accused.

The trial was conducted. Evidence was led by the prosecution.

The statement of the accused under Section 313 Cr.P.C. was also recorded.

In his defence, the accused has examined Ramesh Kumar, Clerk in

Himachal Pradesh Ex Service Men Corporation, Camp Office District

Bilaspur as DW1 and also proved the documents Ex.D1 and Ex D1/A to

show that the truck in question was hired by the Union and Vijay Kumar

was the driver of the truck at that time and not the present petitioner. It was

stated by the petitioner/accused that he was only owner of the truck. The

trial Court disbelieved the evidence led by the petitioner/accused and held

him