P.R.Velayudhian vs State of Punjab

M.R. Sharma, J.

The petitioner was convicted and sentenced by the learned Judicial Magistrate Ist Class, Rajpura as under :

Convicted under Section Sentenced awarded

279 I.P.C. Rigorous imprisonment for six months and to pay a fine of Rs. 250/. In default of payment of fine, to undergo further rigorous imprisonment for two months.

337 I.P.C. do

338 I.P.C. To undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/, in default of payment of fine, to undergo further rigorous imprisonment for three months.

The sentences of imprisonment were ordered to run concurrently. It was further ordered that out of the fine, if realised, a sum of Rs. 600/ be paid to Justice R.P. Khosla and Rs. 150/ to Devinder Dutt as compensation after the expiry of the period of appeal or revision, if any. The appeal filed by the petitioner was dismissed by the learned Additional Sessions Judge, Patiala. He has come up in revision before this Court against his convictions and sentences.

The case of the prosecution in brief is that H.C. Gulzar Singh (P.W.8) along with some other police officials had left Police Station Dera Bassi on Patrol duty and was going towards village Bhankerpur on the road. When the Police Party reached near the D.A.V. Higher Secondary School building at Dera Bassi at about 12.50 A.M. on the night intervening April 21 and 22, 1981, the Police Party found that Car No. CH 200 had been involved in an accident with a truck bearing registration No. HRE138. The petitioner, who was driving the truck at that time, was standing on the spot. The aforementioned car was standing on the Kutcha berm of the road, whereas truck No. HRE138 was standing more towards the right side of the road. Head Constable Gulzar Singh (P.W.8) sent ruqa (Exhibit P.W.8/A) to the Police Station, on the basis of which a case was registered against the petitioner. Shri R.P. Khosla (P.W.3), who was driving the car and sustained injuries in the course of this accident, had been taken to P.G.I., Chandigarh in another car. H.C. Gulzar Singh (P.W. 8) visited P.G.I. on April 23 and 24, 1981 to ascertain whether Shri R.P. Khosla was in a fit condition to make a statement, but the doctor Incharge informed him that the witness was not fit to make a statement before the Police. Ultimately on April 30, 1981 the statement of Shri R.P. Khosla was recorded by the investigation officer.

Shri R.P. Khosla (P.W. 3), who is a retired Judge of this Court, stated on oath that he was driving the car at normal speed, when he saw the truck coming from the opposite direction at a very high speed. Whereupon he slowed down his car and dipped the light several times, but when the truck driver did not slow down the truck, he himself took his car to the Kutcha berm of the road. The truck came off and struck against the car towards the right front side of the driver''s seat. The witness also stated that he suffered injuries on account of the accident and was taken to the P.G.I whereas he remained unconscious for some time. This evidence clearly indicates that the truck was being driven at a very fast speed and even when the lights of the car were dipped, the driver of the truck did not slow it down.

The other important piece of evidence is the statement of H.C. Gulzar Singh (P.W.8) who appeared on the scene immediately after the occurrence and apprehended the petitioner on the spot. This witness also gave comparative location of the car and the truck, from which it can safely be inferred that the car driver tried his best to avoid the accident and the truck driver caused the same because of his rash and negligent driving. The photographs showing relative position of the car and the truck offer ample corroboration to the testimony of this witness.

The learned defence counsel argued that immediately after the occurrence it would have been more natural for the petitioner to drive away his truck instead of parking it on the spot and that he had been falsely involved in this case. There is no merit in this submission. Neither Shri R.P. Khosla (P.W.3) nor H.C. Gulzar Singh (P.W.8) had any motive to falsely implicate the petitioner in this case. We cannot lose sight of the fact that the accident took place in a village, a part of which lies on both sides of the road. The petitioner might have thought it more prudent to stay on the spot in the hope that if behaved properly, he might be shown more mercy. In my considered opinion learned Courts below were well advised in placing implicit reliance upon the evidence of the two important witnesses, namely, Shri R.P. Khosla (P.W.3) and H.C. Gulzar Singh (P.W.8). It suffices to mention that front part of the truck was also damaged from the right side and this fact offers circumstantial corroboration to the prosecution story. I am of the considered opinion that the petitioner has been rightly held guilty.

Since the petitioner did not hasten away from the place of occurrence and since he was released on bail at the time of the admission of this petition, I am inclined to take a lenient view of the matter. While affirming his convictions, I reduce the sentences of imprisonment to that already undergone by him. The fine imposed upon him, shall remain payable by him as ordered by the learned Court below. The petitioner stands disposed of accordingly.

JUDGMENT accordingly.