Gurdev Singh, J. - (1.) AFTER the trial of the Petitioner -accused, Panchhi Ram, he was convicted by Judicial Magistrate Ist Class, Kaithal, vide judgment dated 13.5.2002 for the offences under Sections 279, 337 and 338 IPC and was sentenced as under:
(2.) AGAINST that conviction and sentence, he preferred an appeal, which was dismissed by Additional Sessions Judge, Kaithal, vide judgment dated 31.8.2005. Now, that conviction and sentence has been challenged by him by way of this revision. There was head on collusion between bus bearing Registration No. HR 02A 8870, which was being driven by Sohan Lal, complainant, and truck bearing Registration No. HYF -1105 B, which was being driven by the accused. About this accident, FIR Ex. P.W. 4/B was registered on the basis of the statement of the complainant, Ex. P.W. 4/A, which was made by him before Hari Singh ASI. According to the complainant, he was taking this bus from Yamunanagar to Sirsa. At about 8.30 a.m., when he was in between village Pindarsi and Pabnawa, the accused came driving the truck from the opposite side at a very fast speed and while driving that truck rashly and negligently struck the right side thereof in the right side of his bus, as a result of which both of them and the passengers of the bus received the injuries. After the accident, both of them and the other injured were removed to the hospital where they were medically examined by Dr. D.S. Saini, P.W. 1. Five injuries were found on the person of the complainant and six injuries were found on the person of the accused. The ASI went to the place of occurrence and after inspecting the same prepared the rough site plan with correct marginal notes. He called Ravinder Kumar, Photographer, P.W. 7, to the spot, who took the photographs of the bus and the truck, Exs. P.W. 7/A to P.W. 7/D. Those vehicles were taken into possession, vide separate Recovery memos, Exs. PY and PZ. The same were mechanically tested by Rameshwar Dass, Mechanic, P.W. 5, and about those tests he gave his reports Ex. P.W. 5A and P.W. 5/B. The accused was arrested and he produced his driving licence, route permit of the truck, Ex. P.W. 6/B and Photostat copy of the challan slip before the ASI, in the presence of Sunder Lal, P.W. 6, and those were taken into possession, vide Memo Ex. P.W. 6/A. After the completion of the investigation, the challan was put in before the JMIC, Kaithal, who found sufficient grounds for presuming that the accused committed offences punishable under Sections 279, 337 and 338 IPC. He was charged accordingly, to which he pleaded not guilty and claimed trial. To prove the guilt of the accused, prosecution examined Dr. D.S. Saini, P.W. 1, Shyam Sunder H.C., P.W. 2, Dr. K.K. Chawla, P.W. 3, Jai Singh ASI, P.W. 4, Rameshwar Dass, Mechanic, P.W. 5, Sunder Lal, Constable, P.W. 6, Ravinder Kumar, Photographer, P.W. 7, Jasmer Singh, P.W. 8 and Sohal Lal, complainant, P.W. 9. After the close of the prosecution evidence, the accused was examined and his statement was recorded under Section 313 Code of Criminal Procedure The incriminating circumstances appearing against him in the prosecution evidence were put to him in order to enable him to explain the same. He denied all those circumstances and pleaded his false implication. He was called upon to enter on his defence but he did not produce any evidence in his defence.
(3.) I have heard learned Counsel for both the sides.;