Kishan Bahadur v. State of Haryana

CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Baljinder Singh, Advocate, for the petitioner. Ms. Hemlata Balhara, AAG, Haryana. KANWALJIT SINGH AHLUWALIA, J. The present revision petition has been filed by Kishan Bahadur who was named as accued in FIR No.231 dated 23.5.1993 registered at Police Station City, Palwal under Sections 279/304-A IPC. The petitioner was convicted by the court of Sub Divisional Judicial Magistrate, Palwal for offence under Section 279 and 304A IPC and was sentenced to undergo RI for 2 years and to pay a fine of Rs.2000/- under Section 304A IPC and in default of payment of fine, to further undergo RI for three months. Aggrieved with the same, the petitioner filed an appeal. The Appellate Court below dismissed the appeal. Surinder Singh had made a statement Ex.PW3/A to ASI Crl. Revision No.640 of 1998 -2- Mahinder Singh. On the basis of his statement, formal FIR Ex.P3 was registered. Surinder Singh stated that on 23.5.1993 at about

6.45 AM, he was going out for a morning walk towards Agra Chowk. When he reached Tehsil complex, a motor cyclist was going on G.T. Road. From the side of Delhi, a Maruti Car bearing registration No.DL-3CB-2426 came at a very high speed. The car was being driven in a very rash and negligent manner. It collided with motor cycle due to which motor cyclist fell and suffered injuries. Complainant step forward to take care of motor cyclist and found that injured motor cyclist was Shyam Lal, Ex. MLA. He was brought to General Hospital where he was referred to Delhi. Injured was brought in the offending car to the hospital. Driver of the car disclosed his name as Kishan son of Ram Bahadur, resident of 421/7, Chatterpur, Mehrauli, Delhi. The abovesaid FIR was investigated and report under Section 173 Cr.P.C. was submitted. The court of SDJM, Palwal on 7.12.1993 charged the Petitioner for offence under Section 279/304A IPC. The charge stated that on 23.5.1993 at 6.45 AM in the area of P.S. City Palwal, accused drove Maruti Car No.DL-3CB-2426 in a rash and negligent manner so as to endanger human life and the property of others and have committed an offence punishable under Section 279 IPC. He was further charged that on the same date, time and place while driving the abovesaid car in a rash and negligent manner, he caused the death of Shyam Lal and thereby committed an offence punishable under Section 304-A IPC. Petitioner pleaded not guilty Crl.

Revision No.640 of 1998 -3- and claimed trial. Complainant Surinder Singh appeared as PW-5 and reiterated as to what was stated in the FIR. Devi Singh PW-1 corroborated the testimony of PW-5 complainant Surinder Singh. PW-2 Dr. B.S. Sharma conducted medico legal examination of Shyam Lal Ex. MLA at Civil Hospital, Palwal. Mahinder Singh ASI stated that he received a ruqa from the hospital when he reached there. He learnt that Shyam Lal was already referred to Delhi. Surinder Singh complainant was present at the General Hospital, Palwal where he made a statement, Ex.PW3/A, which was sent to the Police Station and the case was registered. Motor cycle was taken into possession. Inderjeet PW-4 had medically tested the motor cycle. PW-6 Dalbir Singh had identified the dead body of his father Shyam Lal. On 16.11.1996 prosecution tendered photographs Ex.P1 to P3 and negatives Ex.P4 to P6. He also tendered Post Mortem Report Ex.P7.

Statement of the accused was recorded under Section 313 Cr.P.C. He denied all incriminating circumstances and claimed innocence. In defence, the accused examined DW-1 Vijay Chauhan. He stated that in the Maruti Car he along with his wife and driver was going to Vrindavan. The occurrence has taken place near the Tehsil office opposite the office of DSP. He stated that at the time of occurrence, motor cycle rider suddenly came in front of the car. The driver applied brakes but car hit the motor cycle. After examination of defence witness, accident stands admitted. Admittedly, the petitioner Crl. Revision No.640 of 1998 -4- had taken the deceased in his car to the hospital. He was in company of the complainant Surinder Singh PW-5. Therefore the complainant has rightly stated that on his enquiry, accused had disclosed his name. Even owner of the car employer of the driver has deposed that accident had taken place.

On these facts, Sh. Baljinder Singh, counsel for the petitioner has contended that he is conscious that two courts below have returned a concurrent finding of fact. Revisional Court will be hesitant to re-appreciate and do re-appraise of the testimony of witnesses. Counsel has stated that two courts below have placed implicit reliance on PW-5 Surinder Singh and PW-1 Devi Singh. Therefore, he urged that he be permitted to make an alternative prayer. It is submitted that in the present case, occurrence has taken place in the year 1993. A period of about 17 years is going to elapse. Petitioner is in the corridors of the Court. He has already suffered mental pain and agony of protracted trial. Counsel has further submitted that the petitioner has not committed any offence before or after the occurrence. At the time of occurrence, petitioner was of the age of 33 years. He is a sole bread earner of the family.