Punjab-Haryana High Court
Gaurav Sidhu vs State Of Punjab on 6 September, 2024
Neutral Citation No:=2024:PHHC:123610
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conviction, however, some leniency may be shown, while awarding the
sentence to the petitioner. Even though, learned counsel for the petitioner has
not challenged the judgment of conviction, still this Court is proceeding to
examine the evidence in the present case in the light of the settled canons of
law.
3. The FIR in the present case was registered on the basis of the
statement made by Dalbir Singh. As per him, his brother Jaswant Singh
(deceased) had retired from army and had applied for the job of Security
Guard. On 05.05.2012, he along with his nephew, namely, Phulkamal Singh
was going on their motorcycle to Jalandhar for some personal work. His
brother Jaswant Singh (deceased) was also going on his motorcycle bearing
Registration No.PB08-BM-9687 to Jalandhar to appear in an interview for
the job of Security Guard. While returning from Jalandhar, he and his
nephew met Jaswant Singh at Bus Stand of Jandusingha and thereafter both
of them started for their village on their respective motorcycle. Jaswant
Singh (deceased) was driving his own motorcycle ahead of them and
complainant and his nephew were following him on the other motorcycle.
When they reached village Udesiyan, near the petrol pump, one Accent car
bearing registration No.PB10-AY-6077came from the front side on a very
high speed in a rash and negligent manner and without blowing any horn, it
struck into the motorcycle of Jaswant Singh, due to which, Jaswant Singh
fell down on the road and was badly injured and his motorcycle was totally
damaged. After arranging the vehicle, Jaswant Singh was taken to Civil
Hospital, Adampur, whereas he was declared brought dead. The accident in
the present case had taken place due to rash and negligent driving by the
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driver of the Accent car, bearing registration No. PB10-AY-6077. The driver
of the said Accent Car was known as Gaurav Sidhu son of Surinder Singh.
4. After completion of the investigation, the final report under
Section 173 Cr.P.C. was presented before the Court. The charges under
Sections 279/304-A/427 IPC were framed against the petitioner and he
pleaded not guilty and claimed trial.
5. In support of the charge, the prosecution examined four
witnesses, namely, Phulkamal Singh as PW-1, Jarnail Singh as PW-2, Dalbir
Singh as PW-3 (complainant) and Dr. Hardev Singh, MS Ortho Medical
Officer, Civil Hospital, Jalandhar as PW-4. After examining the witnesses,
the evidence was closed in the present case.
6. After the closure of prosecution evidence, all the incriminating
material was put to the accused in the shape of his statement under Section
313 Cr.P.C. The petitioner had denied all the allegations and pleaded his
false implication in the case. The accused opted to lead defence evidence
and examined Baldev Raj as DW-1, Gurpreet as DW-2 and Baljit Kumar as
DW-3.
7. In support of the charge, the prosecution had examined
complainant Dalbir Singh as PW-3, who had reiterated the averments made
in the FIR. The testimony of PW-3 Dalbir Singh was duly supported by PW-
1 Phulkamal Singh and he also supported the prosecution version. In order
to prove the investigation process, the prosecution examined Jarnail Singh as
PW-2, who proved his statement Ex.PB and receipt of dead body as Ex.PA.
The statements of witnesses were duly corroborated by the testimony of PW-
4 Dr. Hardev Singh, who had conducted the post-mortem examination on the
dead body of Jaswant Singh and had exhibited the post-mortem report as
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Ex.PW4/A. As per his deposition, the cause of death in the present case
was due to shock and haemorrhage as a result of injuries to vital organs of
the body, i.e. brain and lungs which was sufficient to cause death in ordinary
course of nature.
8. The accused/petitioner examined Baldev Singh as DW-1, who
stated that the Accent Car was parked near the petrol pump on the left side
on the Kacha Path and the petitioner was sitting in that car. In the meantime,
one person, who was driving his motorcycle in a very rash and negligent
manner came from the side of Jalandhar and had hit the car. Ultimately the
driver of the car was badly injured and later on he had expired. The
statement of DW-1 was duly supported by the testimonies of DW-2 Gurpreet
and DW-3 Baljit Kumar.
9. I have carefully perused the evidence led by both the sides as
well as the findings recorded by the courts below.
10. In the present case, no doubt, Dalbir Singh, PW-3 and
Phulkamal Singh, PW-1 were closely related to Jaswant Singh, deceased,
however, both the witnesses had submitted the version given by them to the
police immediately after the occurrence. Both the witnesses have been
searchingly cross-examined and this Court finds no reason to discard their
testimonies. Even the accused had examined three witnesses and alleged his
false implication in the present case. However, no reason has been assigned
as to why he was falsely involved in the present case. Apart from that, there
was no personal enmity between the prosecution witnesses and the accused
and both the prosecution witnesses had no reason to falsely involve the
petitioner in the present case. Further, the testimonies of PW-1 Phulkamal
and PW-3 Dalbir Singh were duly corroborated by the statement of PW-4 Dr.
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Hardev Singh, who was examined by the prosecution to prove the post-
mortem report ExPW4/A and it was apparent that the injuries had been
suffered by the deceased in the accident caused by the petitioner.
11. Even otherwise, this Court has carefully perused the findings
recorded by both the courts below and could not find any illegality or
perversity in both the impugned judgments. Both the courts below have
properly appreciated the evidence and had held discussion in detail on the
evidence led by the prosecution as well as defence. Thus, the impugned
judgment of conviction is ordered to be upheld.
12. Now adverting to the sentence, the petitioner has been
sentenced to undergo rigorous imprisonment for a period of 02 years and to
pay a fine of Rs. 5,000/-. During the course of hearing, the learned State
counsel has placed on record a custody certificate, which shows that the
present petitioner has already undergone more than 01 year and 09 months
of sentence out of total sentence of 02 years. This Court is also conscious of
the fact that the petitioner is facing the agony of trial/appeal for the last ore
than 12 years. The petitioner is stated to be sole bread winner of his family.
Further, he has been facing the agony of trial/appeal for the last more than
12 years and no purpose would be served by sending him behind bars, at this
stage. Thus, in view of the facts and circumstances of the case, the ends of
justice would be suitably met, if his substantive sentence is reduced to the
one already undergone by him.
13. Keeping in view the above discussion, the judgments of
conviction passed by the courts below are upheld, however, order of
sentence dated 08.03.2017 is modified to the extent that the substantive
sentence of imprisonment awarded by the courts below is reduced to the
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period already undergone by the petitioner. The petitioner may be released
forthwith from the custody, if not on bail and if not required in any other
case.
14. With the above modification, the present appeal stands disposed
of, in the above terms. Pending application(s), if any, shall also stand
disposed of, accordingly.
(N.S. SHEKHAWAT)
06.09.2024
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