1 REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 199 OF 2004

STATE OF HARYANA .... Appellant

Versus

SHER SINGH .... Respondent

J U D G M E N T

DR. ARIJIT PASAYAT, J.

1. We have heard learned counsel for the parties.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the

Punjab & Haryana High Court allowing the Criminal Revision Petition No. 145/1995

filed by the respondent herein filed under Section 397 read with Section 401 of the Code

of  Criminal  Procedure,   1973  (hereinafter  for short  the  'Code').   The learned  Chief

Judicial  Magistrate,  Bhiwani by order dated 18th  March, 1994  found the  respondent

guilty of offence punishable under Sections 279 and 304A of the Indian Penal Code, 1861

(hereinafter for short the 'IPC') and sentenced to undergo RI for a period of one year and

to pay a fine of Rs.1,000/-  and in default  to further undergo RI for a period of three

months. The appeal filed before the Sessions Judge, Bhiwani did not bring any relief to

the respondent.  Thereafter, as noted above, the Revision Petition was filed which was

2 allowed by the impugned order.

3. It  is  the  case  of  the  prosecution  that  on  13.2.1990,  one  Kanshi  Ram

(hereinafter  referred  to  as  'the  deceased')  was  hit  by  a  bus  belonging  to  Haryana

Roadways while coming from the side of the Bus Stand.  Being hit by the bus, Kanshi

Ram fell  down and was removed to  the  hospital  where he  died.   It was alleged  that

respondent  was  driving  the  offending  vehicle.   Accordingly,  FIR  was  lodged  and

investigation was undertaken.  On completion thereof, chargesheet was filed.  As accused

pleaded innocence, trial was held. Nine  witnesses  were  examined  to  further  the

prosecution version.  Out of them, PW-9 Narender Singh was stated to be an eyewitness.

PW-9 who was supposed to be an eyewitness did not support the prosecution version but

placing reliance on the statement of the deceased before ASI Mahender Singh (PW-8),

which was treated to be a dying declaration, the Trial Court found the accused guilty and

sentenced him, as aforesaid.  The appeal was dismissed.  In the revision, the primary stand

was that the so-called eyewitness having not supported the prosecution case and there

being no material to show that the vehicle was being driven in a rash and/or negligent

manner, the conviction cannot be maintained.  The High Court found that the so-called

eyewitness did not support the prosecution version.  Additionally, in the dying declaration

there was no specific mention about rash and negligent driving.  Therefore, the acquittal

was directed.

4. In support of the appeal, learned counsel for the appellant submitted that

the High Court ought not to have upset the conviction, as recorded by the Trial Court

and upheld by the First Appellate Court.  He pointed out that in the statement made

before PW-8, it is categorically stated that the vehicle which hit him was being driven in a

3 rash  and  negligent  manner.   He  also  pointed  out  that  the  official  of  the  Haryana

Roadways (PW-5) clearly stated that the bus on the particular date was allotted to the

accused-respondent.

5. Learned counsel  for the  respondent  supported the  judgment  of  the  High

Court.

6. Though there is substance in the plea of the learned counsel for the appellant

that  there  was mention about  the  rash and negligent  driving  of  the  vehicle,  but  the

evidence adduced to link the accused to the alleged crime is scanty.  There was no specific

material to show that the respondent was driving the vehicle at the time the accident took

place.  Name of the respondent was not mentioned in the dying declaration.  It was duly

stated by the victim that he can identify the driver.  But he did not refer to the accused.

Therefore, we do not consider it to be a fit case where any interference is called for. The

appeal fails and the same is dismissed.   

.......................J.                               (Dr. ARIJIT PASAYAT)

.......................J.                               (C.K. THAKKER)  

.......................J.                               (D.K. JAIN)

New Delhi October 15, 2008