DINESH MAHESHWARI, J - (1.)In this appeal, the appellant-accused has called in question the order dated 18.04.2009 in Criminal Revision No. 621 of 2009 whereby, the High Court of Punjab and Haryana, Chandigarh has upheld his conviction for the offences under Sections 279 and 304-A of the Indian Penal Code ('IPC').
(2.)The accusation against the appellant had been that on 10.03.2000, at around 07:30 a.m., while driving a truck bearing registration No. HPS 5716 at a high speed and in a rash and negligent manner on the wrong side of a heavy traffic area at Mall Road, Patiala (near Malwas Cinema), he caused an accident which resulted in the demise of the rider of an unnumbered Hero Puck Moped. It was further alleged that the appellant immediately fled from the scene with his vehicle. For the incident in question, FIR was registered at Police Station Kotwali, Patiala on the statement of Nirpal Singh (PW-2), who was an eye-witness to the accident alongwith Rajinder Singh (PW-3). The appellant, who was serving with ITBP, was surrendered by his commandant and was arrested on 04.04.2000. After completion of investigation, the accused was charge-sheeted for the offences aforesaid.
(3.)In trial, the prosecution, inter alia, relied on the testimony of PW-2 Nirpal Singh, who asserted that at the time of the accident, he was going on a scooter with his brother Rajinder Singh and saw the truck of ITBP bearing registration number HPS-5716 being driven by the accused in a rash and negligent manner; and the truck, while turning on the wrong side of the road, ran over the moped, resulting in the demise of the rider. Rajinder Singh (PW-3) corroborated the testimony of PW-2. The accused-appellant attempted to suggest that his identity was in doubt as, admittedly, the driver of the offending truck had fled from the scene.