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HIGH COURT OF PUNJAB AND HARYANA
GAGANDEEP SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent
CRR 3994 2016
The prosecution failed to prove its case beyond reasonable doubt due to a delay in reporting the matter to the police, the non-examination of the Investigating Officer, and the failure to prove that the petitioner's act was rash or negligent.
Headnote:
CRIMINAL REVISION - ACCIDENT - NEGLIGENCE - RASHNESS - DELAY IN REPORTING - NON-EXAMINATION OF INVESTIGATING OFFICER - PREJUDICE TO ACCUSED - ACQUITTAL
Fact of the Case:
The petitioner was convicted for causing an accident resulting in the death of one person and injuries to another. The prosecution alleged that the petitioner was driving a Trolly that collided with a motorcycle on which the victims were riding. The petitioner challenged the conviction, arguing that the prosecution failed to prove its case beyond reasonable doubt.
Finding of the Court:
The court found that the prosecution failed to prove its case beyond reasonable doubt. The court noted that there was a delay in reporting the matter to the police, the test identification parade was not conducted, and the prosecution could not establish how the petitioner's name came up during the investigation. The court also found that the prosecution failed to prove that the petitioner's act was rash or negligent.
Issues: 1. Whether the prosecution proved its case beyond reasonable doubt. 2. Whether the delay in reporting the matter to the police prejudiced the petitioner. 3. Whether the non-examination of the Investigating Officer prejudiced the petitioner. 4. Whether the prosecution proved that the petitioner's act was rash or negligent.
Ratio Decidendi: 1. The prosecution has the burden of proving its case beyond reasonable doubt. 2. A delay in reporting a matter to the police can prejudice the accused by making it difficult to gather evidence. 3. The non-examination of the Investigating Officer can prejudice the accused by depriving them of the opportunity to cross-examine the officer and challenge the investigation. 4. The prosecution must prove that the accused's act was rash or negligent in order to convict them of an accident-related offense.
Final Decision: The court allowed the revision petition and acquitted the petitioner.
2023:PHHC:163994
CRR No. 3994 of 2016
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRR No. 3994 of 2016
Reserved on: 30.11.2023
Pronounced on : 20.12.2023
Gagandeep Singh
....Petitioner
Versus
State of Punjab
....Respondent
CORAM:
HON'BLE MR. JUSTICE KULDEEP TIWARI
Present :
Mr. Gurmeet Singh Saini, Advocate, for the petitioner
Mr. P.S.Grewal, DAG, Punjab
KULDEEP TIWARI,J.
1.
Through the instant criminal revision, challenge has been
thrown to the judgment of conviction dated 3.9.2015, and order of
sentence of even date, passed by the learned trial court concerned
and the judgment dated 6.8.2016, whereby the statutory appeal
preferred by the petitioner was also dismissed by the learned
Sessions Judge, Tarn Taran. The petitioner was accused in FIR No.
195 dated 10.9.2011, under Sections 304-A, 427, 338 IPC,
registered at Police Station City, Tarn Taran and was convicted
under Sections 279, 304-A IPC and sentenced, vide order dated
3.9.2015, as under:-
Under
Sections
Imprisonment
Fine
In default
279 IPC
RI for one year
----
----
DALBIR SINGH TIWANA
2023.12.23 05:27
I attest to the accuracy and
integrity of this document
2023:PHHC:163994
CRR No. 3994 of 2016
-2-
Under
Sections
Imprisonment
Fine
In default
304-A
IPC
RI for 2 years
Rs 2000/-
RI for two
months
BRIEF FACTS
2.
The prosecution agency was set into motion on a
complaint made by Balwinder Singh, son of Joginder Singh, alleging
therein, that they are three brothers, and on dated 9.9.2011, his
elder brother, namely, Mangal Singh, and one Harbinder Singh son
of Gulzar Singh, went to Tarn Taran City on a motorcycle bearing No.
PB-38B-2266. The complainant was waiting for them at Simran
Dhaba, situated at village Muradpura, Tarn Taran. At about 6.15
PM, his brother Mangal Singh was driving the motorcycle and
Harbinder Singh was on pillion seat, and when they reached near
Simran Dhaba, a Trolly bearing No. RJ-14-GB-8927, being driven
by an unknown person, came at a very high speed without blowing
any horn or without giving any other indication, the said Trolly
collided with the motorcycle of his brother Mangal Singh, as a result
of which his brother died at the spot, whereas, Harbinder Singh, who
was sitting on pillion seat, sustained injuries. Thereafter on the
complaint (supra), the present FIR was registered under Sections
304-A, 427, 338 IPC, against the unknown persons. The
investigation was carried out, and the present petitioner was
arrested and was finally put to trial by the prosecution agency.
3.
In order to substantiate its case, a total five witnesses
were examined by the prosecution, apart from the documentary
DALBIR SINGH TIWANA
2023.12.23 05:27
I attest to the accuracy and
integrity of this document
2023:PHHC:163994
CRR No. 3994 of 2016
-3-
evidence. The learned trial court concerned, after considering the
prosecution evidence found that the prosecution has fully proved its
case against the petitioner beyond any reasonable doubt, and
recorded the verdict of conviction on dated 3.9.2015. The statutory
appeal preferred by the present petition also met the same fate, and,
was dismissed vide order dated 6.8.2016.
CONTENTIONS OF THE LEARNED COUNSEL FOR
THE PETITIONER
4.
The first contention raised by the learned counsel for the
petitioner is that, ASI Amarjit Singh, who was the Investigating
Officer, was not examined by the prosecution. He has further
submitted that initially the FIR was registered against unknown
person, and later on the name of the present petitioner was
nominated in the present case. He has further submitted that there
is nothing on record to show that, how the name of the present
petitioner was added in this case. He has further submitted that
because of the non-examination of the Investigating Officer, ruqa
(first information), site plan and other necessary documents have not
been proved. While referri
