- (1.) Heard learned counsel for the appellant.
(2.) These appeals have been filed by the State of Punjab challenging the impugned judgment of the High Court for the States of Punjab and Haryana at Chandigarh dated 4th February, 2009 in Criminal Appeal Nos. 479 and 522 of 2007 acquitting the appellants. The order passed by the learned Additional Sessions Judge dated 27th February, 2007 convicting and sentencing the appellants under Section 302/34, 307/34 and 120-B was set aside by the High Court. Aggrieved by the order of acquittal granted by the High Court, the State has come up in these appeals.
(3.) The prosecution case, as emerged from the record, is as follows:- Ajmer Singh @ Kaka Singh s/o Veer Singh, complainant is the resident of Village Khai. On 16.9.2004 he, along with his son Gobind Singh and Swaran Singh s/o Gurdev Singh, after attending the Court of Additional Sessions Judge, Moga along with Gurmail Singh Ex-Sarpanch S/o Amar Singh and Rajinder Singh s/o Sarja Singh Jatt, was returning to village Khai in jeep of Gurmail Singh. They had gone to the house of Gejo, Sister of Gurmail Singh, situated in Village Samadh Bhai. After taking tea, Gejo and her daughter-Manpreet Kaur accompanied them. When they reached near the bus stop of village Samadh Bhai, then two ladies took lift in their jeep. Jeep was at a distance of 1 1/2 kilometer from village Raun, when at about 4.30 p.m. a truck came straight from Raunta side and truck driver had struck the truck straight against the jeep. Jeep was being driven by Gurmail Singh, and he took the jeep towards katcha side, but despite that truck driver had deliberately, with intention to murder, had struck the truck with full speed against the jeep. Jeep was badly damaged and fell into paddy crop fields, and all the passengers in the jeep sustained grievous injuries. After the accident, truck driver, along with the other three persons who were in the truck at the time of occurrence, after alighting from the truck had fled away towards village Samadh Bhai. Persons working in the adjoining fields came to the spot and all the injured were taken out of the jeep. Shaminder Singh, Kulwinder Singh and Yadwinder Singh, residents of Village Khai, had shifted the injured to Civil Hospital Niha Singh Wala. Rajinder Singh had succumbed to his injuries on the way to hospital. On receipt of medical ruqa from Civil Hospital Nihal Singh Wala, regarding admission of the injured in the Civil Hospital, ASI Rachhpal Singh of Police Station Nihal Singh Wala had gone there and after obtaining opinion of the doctor as to whether injured Ajmer Singh @ Kaka Singh is fit to make statement or not, statement of Ajmer Singh was recorded. After making endorsement, statement was sent to the Police Station, on the basis of which a formal FIR was registered.;