As per case facts, the petitioner, Avtar Singh, a bus driver, was involved in a fatal road accident where his bus, while allegedly overtaking, struck an Indica car, causing the ...
CRR-1026-2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRR-1026-2009 (O&M)
Avtar Singh
... Petitioner
Versus
State of Punjab
... Respondent
Reserved on: 03.07.2026
Pronounced on: 10.07.2026
Uploaded on: 10.07.2026
Whether only the operative part of the judgment is pronounced ? No
Whether full judgment is pronounced ? Yes
CORAM: HON'BLE MR. JUSTICE RAMESH CHANDER DIMRI
Present: Mr. Aminder Singh, Advocate
for the petitioner.
Mr. Adeshwar Singh Pannu, AAG, Punjab.
*******
RAMESH CHANDER DIMRI, J.
1. This judgment shall dispose of a Criminal Revision Petition
filed against the judgment dated 08.04.2009 passed by learned Additional
Sessions Judge, Amritsar (for brevity, ‘Appellate Court’) by which an
appeal filed by the petitioner/accused (for brevity, ‘petitioner’) against the
judgment of conviction dated 09.01.2008 and an order of sentence of that
very date passed by learned Judicial Magistrate 1
st
Class, Amritsar (for
CRR-1026-2009 -2-
brevity, ‘Magistrate’), arising out of an FIR No.108 dated 16.05.2002
registered under Sections 304-A and 427 of the Indian Penal Code, 1860
(for brevity, ‘1860 Code’) at Police Station Sultanwind, Amritsar, thereby
convicting and sentencing the petitioner for commission of an offence under
Section 304-A of 1860 Code, was dismissed.
2. Prosecution alleges that on 16.05.2002, PW4 ASI Vishwamittar
and PW1 HC Ravi Kumar etc., boarded on a government Gypsy bearing
registration No.PB-02-A-22088, were going from Police Station Sultanwind
in Amritsar towards Police Post Bridge Taranwala in connection with
patrolling and search of bad elements. When the said police party reached
near Gate, New Amritsar, G.T. Road, at about 03.30 PM, an Indica car
bearing registration No.PB-02-AB-3124 (for brevity, ‘Indica car’) was
going ahead of them towards Amritsar. A bus bearing registration No.PB-
11-C-1230 (for brevity, ‘bus’) belonging to Punjab Police Patiala, was
coming from the side of Amritsar. It was being driven by the petitioner
Avtar Singh No.612/PTA. Its driver tried to overtake another bus in a rash
and negligent manner. Resultantly, the bus struck against Indica car and
dragged the car for a long distance. After causing the accident, driver of the
bus succeeded in absconding from the place of accident by taking advantage
of many people gathering at the spot. The said police party pulled the Indica
car from beneath the bus. In the meantime, PW2 Ravinder Singh reached
the spot. Three persons were travelling in the Indica car. Because of the
injuries caused to them in the said accident, they all died at the spot. Their
CRR-1026-2009 -3-
names were Gursharan Singh son of Inderjit Singh, Sampuran Singh son of
Bachan Singh and Sukhraj Singh son of Sawinder Singh. Dead bodies were
taken to hospital and post-mortem examinations thereon were conducted on
17.05.2002. Indica car and bus were taken into police possession.
Photographs of the place of occurrence were taken. After developing the
photographs, with the negatives, same were taken in police possession. The
petitioner was arrested on that very date. Permission under Section 197 of
the Code of Criminal Procedure, 1973 (for brevity, ‘1973 Code’) was
obtained for prosecution against the petitioner. On completion of
investigation, report under Section 173 of the 1973 Code was prepared and
was laid before the concerned Magistrate. In terms of Section 207 of 1973
Code, its copies were supplied to the petitioner free of cost.
3. Prosecution and the petitioner were heard on the question of
framing of charge/s against the petitioner. Vide order dated 29.11.2002, the
petitioner was chargesheeted under Section 304-A of 1860 Code. He
pleaded not guilty to the charge and claimed trial.
4. In support of its case, the prosecution examined four witnesses.
Its evidence, however, was closed by Court order as it failed to conclude its
evidence despite grant of many opportunities.
5. In his statement under Section 313 of 1973 Code, the petitioner
pleaded innocence and false implication. He further pleaded that the bus
was standing on left side of the road whereas driver of the Indica car struck
against the bus. As per him, he was not overtaking any vehicle and the
CRR-1026-2009 -4-
accident took place because of fault of driver of Indica car. He further stated
that tyre of the car was burst because of which it struck against the bus but
the complainant registered a false case against him because of influence of
police.
6. In defence, the petitioner examined four witnesses.
7. After conclusion of evidence, learned Magistrate heard the
prosecution and the petitioner on merits of the case. After such hearing, it
convicted the petitioner under Section 304-A of 1860 Code and in turn,
sentenced him to undergo rigorous imprisonment for two years and also to
pay a fine of Rs.5,000/-. In default of payment of fine, he was further
directed to undergo rigorous imprisonment for a period of two months.
8. Aggrieved of such conviction and sentence, the petitioner filed
an appeal before the Sessions Court, Amritsar. However, his such appeal
was dismissed on 08.04.2009.
9. Aggrieved of such dismissal, the petitioner filed the present
petition. It was admitted and sentenced imposed upon him was ordered to
be suspended on 02.07.2009. Consequent to the said order, he is stated to be
on bail.
10. I have heard learned counsel for the petitioner and learned
AAG, Punjab, on merits of the present Petition. With their assistance, I have
perused summoned record.
11. Learned counsel for the petitioner has argued that there is no
evidence on record to hold that the petitioner was rash and negligent in
CRR-1026-2009 -5-
causing the alleged accident; that PW2 Ravinder Singh and PW4 ASI
Vishwamittar claim to be eyewitnesses of the occurrence but their such
claim is not in consonance with the prosecution case set forth in the
statement leading to the FIR in question; that no record of log book has
been proved to show that PW4 ASI Vishwamittar was present at the spot on
the abovestated date and time; that PW1 HC Ravi Kumar does not say
anything about the occurrence in question although he is stated to be an
eyewitness thereof; that rough site plan allegedly prepared at the spot has
not seen light of the day; that non-production thereof is material in the
present case and goes to the root thereof; that no other private or
independent person was examined to prove the occurrence in question as
well as rash and negligent driving of the petitioner; that evidence of the
prosecution lacks independent corroboration; that defence evidence led by
the petitioner has not been taken into consideration at all; that if the
abovestated arguments do not find favour with this Court, the petitioner
may be granted relief of probation; and that said grounds are valid grounds
for interference in revisional jurisdiction. He has accordingly prayed for
acceptance of the present petition. In support of his arguments, he has relied
upon Crl. Appeal No.5147 of 2025 arising out of SLP (Crl.) No.13757 of
2024 decided on 02.12.2025 titled as Gajanan Sitaram Chaudhari Vs.
State of Maharashtra & Ors. and reports Mahadevanna D.M. Vs. State of
Karnataka & Anr., 2026 SCC Online SC 880 as well as Mohammad
Hanif Jainum Khalifa Vs. The State of Karnataka, 2026(3) RCR
CRR-1026-2009 -6-
(Criminal) 166.
12. On the other hand, learned AAG, Punjab has argued that there
was no motive for PW4 ASI Vishwamittar to falsely implicate the
petitioner; that the petitioner was also a Punjab Police employee and PW4
ASI Vishwamittar would not have falsely implicated his co-employee; that
witnesses examined by the petitioner prove that it was the petitioner, who
was driving the bus on the abovestated date and time; that DW2 Sanjiv
Kumar and DW3 Gurbachan Singh could not have witnessed the accident in
question while sitting inside the bus; that therefore, their deposition in
respect of the accident in question is false; that no evidence has been led by
the petitioner to show that Indica car stood damaged prior to the accident in
question; that in view thereof, deposition of DW3 Gurbachan Singh is false;
that photographs Ex.P10 to Ex.P21 speak for themselves, so far as rash and
negligent driving of the petitioner in causing the accident in question is
concerned; that since the offence in question is an offence under Section
304-A of 1860 Code, the petitioner is not entitled to the relief of probation;
and that the revisional jurisdictional is a limited jurisdiction while
exercising which, evidence cannot be re-appreciated. He has accordingly
prayed for dismissal of the petition.
13. After such hearing and perusal, I may state that revisional
powers of this Court can be exercised in terms of Section 401 of 1973 Code.
Since the petitioner has filed a revision petition against the impugned
judgments and order, it has to be dealt within the parameters prescribed in
CRR-1026-2009 -7-
the said Section. Said section is therefore reproduced as under:-
“401. High Court's powers of revision.—
(1) In the case of any proceeding the record of which has been
called for by itself or which otherwise comes to its knowledge,
the High Court may, in its discretion, exercise any of the
powers conferred on a Court of Appeal by sections 386, 389,
390 and 391 or on a Court of Session by section 307, and,
when the Judges composing the Court of Revision are equally
divided in opinion, the case shall be disposed of in the manner
provided by section 392.
(2) No order under this section shall be made to the prejudice
of the accused or other person unless he has had an
opportunity of being heard either personally or by pleader in
his own defence.
(3) Nothing in this section shall be deemed to authorise a High
Court to convert a finding of acquittal into one of conviction.
(4) Where under this Code an appeal lies and no appeal is
brought, no proceeding by way of revision shall be entertained
at the instance of the party who could have appealed.
(5) Where under this Code an appeal lies but an application
for revision has been made to the High Court by any person
and the High Court is satisfied that such application was made
under the erroneous belief that no appeal lies thereto and that
CRR-1026-2009 -8-
it is necessary in the interests of Justice so to do, the High
Court may treat the application for revision as a petition of
appeal and deal with the same accordingly.”
14. I may also state that in respect of scope of revisional powers of
a High Court, a three Judge Bench of Hon’ble the Supreme Court, in the
report Pakalapati Narayana Gajapathi Raju & others Vs. Bonapalli Peda
Appadu & another, (1975) 4 SCC 477, observed as under:-
“3. Section 439 (1) of the Code of Criminal Procedure
provides that in exercise of revisional jurisdiction, the High
Court may exercise any of the powers conferred on a court of
appeal. This provision is made expressly subject to sub-section
(4) of Section 439 under which nothing contained in the
section shall be deemed to authorise a High Court to convert a
finding of acquittal into one of conviction. Section 439 has
been interpreted in several decisions of this Court which have
taken the view that the revisional jurisdiction, when invoked by
a private complainant against an order of acquittal, ought not
to be exercised lightly and that it can be exercised only in
exceptional cases where the interests of public justice require
interference for the correction of a manifest illegality or the
prevention of a gross miscarriage of justice.(See Satyendra
Nath Dutta v. Ram Narain, (1975) 3 SCC 398; Akalu Ahir v.
Ramdeo Ram, (1974) 1 SCR 130; Changanti Kotaiah v.
CRR-1026-2009 -9-
Goginoni Venkateshwara Rao, (1973) 3 SCR 867. It is clear
from these decisions that the revisional jurisdiction cannot be
invoked merely because the lower court has not appreciated
the evidence properly. The High Court has in its judgment
referred to the decisions of this Court but in applying those
decisions it has transgressed the limits of its revisional
powers.”
15. In respect of scope of revisional powers of a High Court, a
three Judge Bench of Hon’ble the Supreme Court, in the report Duli Chand
Vs. Delhi Administration, (1975) 4 SCC 649, observed as under:-
“4. …... Now, the jurisdiction of the High Court in a Criminal
Revision Application is severally restricted and it cannot
embark upon reappreciation of the evidence, but even so, the
learned single Judge of the High Court who heard the revision
application, examined the evidence afresh at the instance of
the appellant. This was, however, of no avail, as the learned
single Judge found that the conclusion reached by the lower
Courts that the appellant was guilty of gross negligence, was
correct and there was no reason to interfere with the
conviction of the appellant. …..
5. …..The High Court in revision was exercising supervisory
jurisdiction of a restricted nature and, therefore, it would have
been justified in refusing to re-appreciate the evidence for the
CRR-1026-2009 -10-
purpose of determining whether the concurrent finding of fact
reached by the learned Magistrate and the learned Additional
Sessions Judge was correct. But even so, the High Court
reviewed the evidence presumably for the purpose of satisfying
itself that there was evidence in support of the finding of fact
reached by the two subordinate courts and that the finding of
fact was not unreasonable or perverse. The High Court came
to the conclusion that the evidence clearly established that the
death of the deceased was caused on account of the negligent
driving of the bus by the appellant. …..”.
16. In respect of such powers, a two Judge Bench of Hon’ble the
Supreme Court, in the report Janata Dal Vs. H.S. Chowdhary, (1992) 4
SCC 305, observed as under:-
“130. The object of the revisional jurisdiction under Section
401 is to confer power upon superior criminal Courts - a kind
of paternal or supervisory jurisdiction - in order to correct
miscarriage of justice arising from misconception of law,
irregularity of procedure, neglect of proper precaution or
apparent harshness of treatment which has resulted on the one
hand, or on the other hand in some undeserved hardship to
individuals. The controlling power of the High Court is
discretionary and it must be exercised in the interest of justice
with regard to all facts and circumstances of each particular
CRR-1026-2009 -11-
case, anxious attention being given to the said facts and
circumstances which vary greatly from case to case.
131. xxxx xxxx xxxx
132. The criminal Courts are clothed with inherent power to
make such orders as may be necessary for the ends of justice.
Such power though unrestricted and undefined should not be
capriciously or arbitrarily exercised, but should be exercised
in appropriate cases, ex debito justitiae to do real and
substantial justice for the administration of which alone the
Courts exist. The powers possessed by the High Court under
Section 482 of the Code are very wide and the very plenitude of
the power requires great caution in its exercise. Courts must be
careful to see that its decision in exercise of this power is based
on sound principles.”
17. While quoting observations made in Janata Dal’s report
(supra) with approval, a three Judge Bench of Hon’ble the Supreme Court,
in the report T.N. Dhakkal Vs. James Basnett & another, (2001) 10 SCC
419, observed as under:-
“9. We are in agreement with the above exposition of law. We
are of the opinion that though the High Court has revisional
jurisdiction under Section 401 of the Code and can exercise its
discretionary jurisdiction to correct miscarriage of justice, but
whether or not, there is justification for the exercise of that
CRR-1026-2009 -12-
discretionary jurisdiction would depend upon the facts and
circumstances of each case. The controlling power of the High
Court under Section 401 of the Code being discretionary is
required to be exercised only in the interest of justice, having
regard to all the facts and circumstances of each particular
case and not mechanically.”
18. In respect of revisional jurisdiction of a High Court, a two
Judge Bench of Hon’ble the Supreme Court, in the report State of Kerala
Vs. Puttumana Illath Jathavedan Namboodiri, (1999) 2 SCC 452,
observed as under:-
“Having examined the impugned Judgment of the High Court
and bearing in mind the contentions raised by the learned
counsel for the parties, we have no hesitation to come to the
conclusion that in the case in hand, the High Court has
exceeded its revisional jurisdiction. In Its revisional
jurisdiction, the High Court can call for and examine the
record of any proceedings for the purpose of satisfying itself as
to the correctness, legality or propriety of any finding,
sentence or order. In other words, the jurisdiction is one of
Supervisory Jurisdiction exercised by the High Court for
correcting miscarriage of justice. But the said revisional power
cannot be equated with the power of an Appellate Court nor
can it be treated even as a second Appellate Jurisdiction.
CRR-1026-2009 -13-
Ordinarily, therefore, it would not be appropriate for the High
Court to re-appreciate the evidence and come to its own
conclusion on the same when the evidence has already been
appreciated by the Magistrate as well as the Sessions Judge in
appeal, unless any glaring feature is brought to the notice of
the High Court which would otherwise tentamount to gross
miscarriage of justice.”
19. Observations made in Duli Chand’s report (supra) and those
made in a report State of Orissa Vs. Nakula Sahu, (1979) 1 SCC 328 as
well as Puttumana Illath’s report (supra) were approved by a three Judge
Bench of Hon’ble the Supreme Court in the report Raj Kumar Vs. State of
Himachal Pradesh, (2008) 11 SCC 76.
20. Having referred to above reproduced observations, I may state
that the petitioner has been convicted and sentenced in the present case
under Section 304-A of 1860 Code. Said Section punishes causing of death
of any person by doing any rash and negligent act not amounting to
culpable homicide. It is accordingly reproduced as under: -
“304A. Causing death by negligence. - Whoever causes the
death of any person by doing any rash or negligent act not
amounting to culpable homicide, shall be punished with
imprisonment of either description for a term which may extend
to two years, or with fine, or with both.”
21. A perusal of said Section shows that causing of death of a
CRR-1026-2009 -14-
person by doing any rash and negligent act not amounting to culpable
homicide is sine qua non for applicability thereof. Therefore, it has to be
seen as to whether the prosecution has proved in the present case to the hilt
as to whether the petitioner caused death of abovestated three persons by
rash and negligent driving.
22. So far as evidence adduced by the prosecution in the present
case is concerned, although PW1 HC Ravi Kumar is stated to be present
with the police party at the time of occurrence, yet, he has not deposed
anything about the same. Another witness examined by the prosecution in
support of its case against the petitioner is PW2 Ravinder Singh son of the
deceased Sampuran Singh. At the same time, his deposition shows that he
reached the spot when the accident in question had already taken place and
driver of the bus had fled from the spot. Therefore, to determine culpability
of the petitioner in the present case, his deposition also does not appear to
be of much relevance. May be that the prosecution then examined PW3
Fateh Singh in support of its case. At the same time, he does not say
anything about the eyewitness account of the occurrence/accident in
question. If his deposition is perused in between the lines, it appears that he
was identifier of the dead bodies of the accident. Then comes the deposition
of PW4 ASI Vishwamittar. He in fact is the person who lodged FIR in the
present case. In the FIR, he categorically mentioned that the accident in
question was caused because of rash and negligent driving of driver of the
bus whose name was subsequently known as Avtar Singh. On conclusion of
CRR-1026-2009 -15-
the investigation also, he indicted the petitioner as causing the accident
because of his rash and negligent driving. Before the Court also as PW4, he
stood to his stand mentioned in the statement/ruqa Ex.P1 leading to the FIR
Ex.P2. No doubt he also says that driver of the bus had fled from the spot
by taking advantage of the people gathering at the spot. At the same time,
depositions of DW1 Surjit Singh, DW2 Sanjiv Kumar and DW4 HC Satpal
Singh establish that on the abovestated date and time, it was the petitioner
Avtar Singh who was driving the bus while returning from Amritsar to
Jalandhar and on the said date and time, he was employed in Punjab Police
having been allotted a specific number i.e. No.612/PTA. In view thereof,
deposition of PW4 ASI Vishwamittar that driver of the bus had fled from
the spot and was produced before him by Sarpanch of Village Rama at
around 07.30 – 08.30 PM on that date, looses significance. Rather if his
evidence and evidence of said three defence witnesses is perused and read
in conjunction with each other, it comes out that it was the petitioner only
who was driving the bus on the abovestated date and time when the accident
in question took place. The said evidence, therefore, establishes identity of
the petitioner as driver of of the said bus at the time of accident.
23. The question now remains as to whether the said accident was
caused because of rash and negligent driving of the petitioner while driving
the bus. PW4 ASI Vishwamittar alleges rash and negligent driving to the
petitioner in causing the said accident. He was put to a lengthy cross-
examination but there is nothing on record to doubt him in respect of his
CRR-1026-2009 -16-
such specific deposition about rash and negligent driving of the petitioner.
Coupled with his such deposition, photographs Ex.P10 to Ex.P21 and
negatives Ex.P22 to Ex.P32 proved by him on record demonstrate that the
bus in fact had come on left side of the road and had hit the Indica car. Said
photographs demonstrate that the stand taken by the petitioner that the bus
was parked on the left side, if one comes from Amritsar to Jalandhar and the
Indica car hit the bus by going on the said side, is not correct. Not only this,
if stands taken by the petitioner in respect of the accident in question are
perused in between the lines, he, in fact, had taken three different stands in
respect thereof. While cross-examining PW2 Ravinder Singh, he came
forward with a plea that tyre rod of the Indica car was loosened because of
which it got uncontrolled and hit the bus. In such stand, the petitioner did
not come forward with a plea that the bus was in fact stood parked on its
left side. At the same time, while cross-examining PW4 ASI Vishwamittar
and in his statement under Section 313 of 1973 Code, the petitioner came
up with a stand that the bus was parked on its left side if one comes from
Amritsar to Jalandhar and driver of the Indica car hit it by going on wrong
side of the road. He did not stop at such juncture. He rather proceeded
ahead by putting to the said witness that right side tyre of the car burst
because of which tyre rod and springs thereof were loosened and the car hit
the bus on wrong side. Irrespective of his such stand, deposition of PW4
ASI Vishwamittar and abovestated photographs as well as negatives prove
and establish to the hilt that the accident in question was caused because of
CRR-1026-2009 -17-
rash and negligent driving of the petitioner while driving the bus.
24. So far as death of the abovestated three persons is concerned, it
is not in dispute. Rather, depositions of PW1 HC Ravi Kumar, PW2
Ravinder Singh, PW3 Fateh Singh and PW4 ASI Vishwamittar establish
that they all three had died at the spot because of the injuries suffered by
them in the accident in question and were then taken to the hospital for
autopsy on their bodies. Their depositions also establish that autopsy on the
dead bodies were conducted in a government hospital and articles collected
from the same were taken into police possession. PW4 ASI Vishwamittar
has deposed minute detail/s of the investigation done by him in the case in
question.
25. Argument of the learned counsel for the petitioner that there is
no evidence on record to hold that the petitioner was rash and negligent in
causing the accident, for what has been observed above, deserves rejection.
At no point of time, PW2 Ravinder Singh deposed before the Court that he
had in fact witnessed the occurrence in question. He is categoric that when
he reached the spot, accident had already taken place and driver of the bus
had fled from the spot. He is also categoric that the police people had
reached the spot when he reached there. His such deposition, considering
the fact that occurrence in question took place on 16.05.2002 and he was
examined before the Court on 23.11.2005, appears to be by inadvertence but
does not at all dent his deposition or deposition of PW4 ASI Vishwamittar
about genesis of the occurrence. PW4 ASI Vishwamittar does not at all say
CRR-1026-2009 -18-
that PW2 Ravinder Singh had reached the spot when the accident in
question took place and he had witnessed the accident. In the statement
leading to the FIR in question also, the prosecution has come forward with a
plea that it was the police party headed by PW4 ASI Vishwamittar which
had witnessed the accident in question.
26. So far as presence of PW4 ASI Vishwamittar and his
companions at the spot is concerned, there is ample evidence on record to
prove the said fact. Non-proof of log book by the said witness is
inconsequential in the present case. True it is that PW1 HC Ravi Kumar has
not deposed anything about the manner of the accident. At the same time, it
appears that he did not depose about the accident as he had been cited as a
witness in respect of identification etc. of the dead bodies. However, no one
says that he was not present at the place of occurrence when the accident
took place. Nevertheless, deposition of PW4 ASI Vishwamittar is sufficient
to prove the accident and its manner set forth by the prosecution. True it is
that in his deposition, PW4 ASI Vishwamittar says that he had prepared
rough site plan at the spot but has not produced the same in his evidence
and has deposed in his cross-examination that there is no rough site plan on
record. At the same time, one cannot loose sight of the fact that he is a
police official and the petitioner is also a police official. Since he was the
complainant in the case in question, he could not make a somer sault in
respect of the prosecution case. By not producing on record the rough site
plan prepared at the spot, it appears that he has tried to help the petitioner,
CRR-1026-2009 -19-
an employee of his department. This I say as I have seen that DW3
Gurbachan Singh, retired Mechanic cited by the prosecution, instead of
appearing as a prosecution witness, appeared as a defence witness and
rather supported the defence set forth by the petitioner. He is also an
employee of Punjab Police and it appears to me that he had tried to help the
petitioner. Therefore, reason for non-production of rough site plan prepared
at the spot becomes obvious if the matter is examined from such angle.
Once it is so, non-production of rough site plan is rendered inconsequential
and immaterial.
27. True it is that no other private or independent person was
examined by the prosecution about the manner of the occurrence. At the
same time, deposition of PW4 ASI Vishwamittar and other surrounding
evidence produced on record is sufficient to establish rash and negligent
driving of the petitioner. It is always the quality and not quantity of the
evidence that has to be taken into consideration. Rather, deposition of PW4
ASI Vishwamittar about culpability of the petitioner in rashly and
negligently causing the accident in the present case, turns out to be an
evidence of impartial character as he would have been the last person to
depose against an employee of his department. No independent or private
person was required to be examined in support of the prosecution case, once
he has minutely deposed in respect thereof.
28. So far as defence of the petitioner is concerned, it is self-
contradictory and rather proves that it was the petitioner who was driving
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the bus on the abovestated date and time. It, therefore, cannot be said that
the impugned judgments have not taken into consideration the defence
evidence led by the petitioner.
29. As far as the reports relied upon by the learned counsel for the
petitioner are concerned, Mohammad Hanif’s report (supra) appears to
have been decided on the basis of its peculiar facts and circumstances. Such
facts/circumstances are not at all available in the present case. In Gajanan
Sitaram Chaudhari’s report (supra), benefit of doubt was given to the
accused therein because of doubtful circumstances. In the present case,
there are no doubtful circumstances present. The said report, therefore, also
does not appear to be applicable to the facts/circumstances of the present
case. Arguments of the learned counsel for the petitioner, therefore, cannot
be accepted.
30. Here it deserves to be mentioned that re-appreciation of
evidence while exercising revisional jurisdiction is not permissible. At the
same time, I have referred to abovestated evidence only to examine as to
whether the impugned judgments of conviction and order of sentence are in
accordance with law and evidence on record. From depositions of witnesses
produced in the matter in question, I, therefore, conclude that the said
judgments and order are in consonance with the same.
31. I have also minutely perused the impugned judgments and
order. However, I am of the considered opinion that there is no manifest
error on the point of law resulting in flagrant miscarriage of justice in the
CRR-1026-2009 -21-
same. They have not caused any manifest illegality or miscarriage of
justice. Findings rendered in the said judgments and order are not perverse
or unreasonable. The same do not show neglect of proper precaution or
apparent harshness of treatment resulting in undeserved hardship to the
petitioner. Interest of justice does not require exercise of revisional power in
the present case. Such power cannot be exercised capriciously or arbitrarily
and rather it should be exercised based on sound principles. The impugned
judgments and order have done real and substantial justice in the matter.
32. Coming to the argument of the learned counsel for the
petitioner that alternatively, the petitioner may be granted the relief of
probation. At the same time, the present matter involves death of three
persons caused by rash and negligent driving of the petitioner. In the report
Dalbir Singh Vs. State of Haryana, (2000) 5 Supreme Court Cases 82,
Hon’ble the Supreme Court observed as under: -
“13. Bearing in mind the galloping trend in road accidents in
India and the devastating consequences visiting the victims and
their families, criminal courts cannot treat the nature of the
offence under Section 304-A IPC as attracting the benevolent
provisions of Section 4 of the P.O. Act. While considering the
quantum of sentence, to be imposed for the offence of causing
death by rash or negligent driving of automobiles, one of the
prime considerations should be deterrence. A professional
driver pedals the accelerator of the automobile almost
CRR-1026-2009 -22-
throughout his working hours. He must constantly inform
himself that he cannot afford to have a single moment of laxity
or inattentiveness when his leg is on the pedal of a vehicle in
locomotion. He cannot and should not take a chance think that
a rash driving need not necessarily cause any accident; or even
if any accident occurs it need not necessarily result in the death
of any human being; or even if such death ensues he might not
be convicted of the offence; and lastly that even if he is
convicted he would be dealt with leniently by the court. He
must always keep in his mind the fear psyche that if he is
convicted of the offence for causing death of a human being
due to his callous driving of vehicle he cannot escape from jail
sentence. This is the role which the courts can play,
particularly at the level of trial courts, for lessening the high
rate of motor accidents due to callous driving of automobiles.
14. Thus, bestowing our serious consideration on the
arguments addressed by the learned counsel for the appellant
we express our inability to lean to the benevolent provision to
Section 4 of the P.O. Act. The appeal is accordingly
dismissed.”
33. In consonance with the said observations, I am of the
considered opinion that the petitioner is not at all entitled to the benefit of
probation in the present case. Plea for grant of probation, therefore, can also
CRR-1026-2009 -23-
not be accepted.
34. For what has been stated above, I am of the considered opinion
that there is no ground to interfere in the impugned judgments and order in
the exercise of revisional jurisdiction under Section 401 of the 1973 Code.
In turn, the present revision petition is dismissed. All interim application(s),
if any, stand disposed of.
[ RAMESH CHANDER DIMRI ]
10.07.2026
JUDGE
vishnu
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
In a significant ruling concerning road safety and criminal liability, the High Court of Punjab and Haryana recently upheld a conviction in the Criminal Revision Petition titled Avtar Singh vs. State of Punjab, CRR-1026-2009. This case, a critical examination of Rash and Negligent Driving leading to multiple fatalities, is among the many crucial judgments highlighted on CaseOn for its implications in vehicular accident jurisprudence.
The case originated from an FIR (No. 108 dated 16.05.2002) registered under Sections 304-A (causing death by negligence) and 427 (mischief) of the Indian Penal Code, 1860, at Police Station Sultanwind, Amritsar. The prosecution alleged that on May 16, 2002, at approximately 3:30 PM, near Gate, New Amritsar, G.T. Road, the petitioner, Avtar Singh, was driving a Punjab Police bus (PB-11-C-1230). While attempting to overtake another bus in a rash and negligent manner, his bus collided with an Indica car (PB-02-AB-3124), dragging it for a considerable distance. This horrific accident resulted in the immediate deaths of three individuals travelling in the Indica car: Gursharan Singh, Sampuran Singh, and Sukhraj Singh. The bus driver, Avtar Singh, initially fled the scene but was later identified and arrested.
Following the investigation, the petitioner was chargesheeted under Section 304-A IPC. On January 9, 2008, the learned Judicial Magistrate 1st Class, Amritsar, convicted Avtar Singh, sentencing him to two years of rigorous imprisonment and a fine of Rs. 5,000/- (with an additional two months of rigorous imprisonment in default of payment). The petitioner’s appeal against this conviction and sentence was subsequently dismissed by the learned Additional Sessions Judge, Amritsar, on April 8, 2009.
Aggrieved by the dismissal of his appeal, Avtar Singh filed a Criminal Revision Petition before the High Court of Punjab and Haryana, seeking to overturn the concurrent findings of the lower courts.
The primary issue before the High Court was whether the conviction of the petitioner for causing death by rash and negligent driving under Section 304-A IPC was legally sound and based on sufficient evidence. Additionally, the petitioner sought the benefit of probation as an alternative to the imposed sentence.
Section 304-A of the IPC penalizes acts causing death by doing any rash or negligent act not amounting to culpable homicide. For this section to apply, the prosecution must prove beyond a reasonable doubt that the accused's actions were both rash and negligent, directly leading to the deaths.
The High Court's jurisdiction in a criminal revision petition is supervisory and limited. Section 401 of the Code of Criminal Procedure, 1973, allows the High Court to exercise powers conferred on a Court of Appeal. However, this power is not meant for re-appreciation of evidence as if it were an appeal. The court clarified that interference is warranted only in cases of manifest illegality, gross miscarriage of justice, perversity, or unreasonableness in the findings of subordinate courts.
The High Court relied on several Supreme Court judgments to define the scope of its revisional powers, including:
For the plea of probation, the Court referenced Dalbir Singh Vs. State of Haryana, (2000) 5 Supreme Court Cases 82, which emphasizes deterrence in cases involving professional drivers causing fatal road accidents, often discouraging the application of benevolent provisions of the Probation of Offenders Act.
The High Court meticulously examined the evidence presented. While PW1 HC Ravi Kumar and PW2 Ravinder Singh's testimonies did not directly establish the manner of the accident (PW1 being an identifier, PW2 reaching the spot after the incident), the testimony of PW4 ASI Vishwamittar was crucial. As the complainant and an eyewitness, PW4 ASI Vishwamittar categorically stated that the accident was caused by the petitioner's rash and negligent driving. His deposition was strongly corroborated by photographs (Ex.P10 to Ex.P21) and their negatives (Ex.P22 to Ex.P32), which clearly depicted the bus having come onto the wrong side of the road and hitting the Indica car.
The petitioner's defence was found to be self-contradictory. Initially, while cross-examining PW2, he suggested the Indica's tyre rod loosened, causing it to hit the bus. Later, in cross-examination of PW4 and in his Section 313 CrPC statement, he claimed the bus was parked on the left side, and the Indica hit it due to a burst right-side tyre and driving on the wrong side. The Court noted these inconsistent stands weakened the defence. Interestingly, defence witnesses (DW1, DW2, DW4) confirmed Avtar Singh was driving the bus at the time of the accident, inadvertently strengthening the prosecution's case regarding the driver's identity.
The photographs proved pivotal, contradicting the petitioner's claim that the bus was parked correctly or that the Indica was at fault. They visually established the sequence and impact, confirming the bus's movement onto the wrong side.
The High Court underscored its limited revisional jurisdiction, stating it could not re-appreciate evidence as an appellate court. It found no manifest error of law, perversity, or unreasonableness in the concurrent findings of the lower courts. The absence of a rough site plan, which PW4 ASI Vishwamittar stated he prepared, was acknowledged. However, the Court interpreted this as a potential attempt by the police official (PW4) to aid a co-employee (petitioner), which did not undermine the overall strength of the prosecution’s case, especially given the compelling photographic evidence and PW4’s direct testimony. For legal professionals seeking swift insights into complex rulings like Avtar Singh vs. State of Punjab, CaseOn.in 2-minute audio briefs provide an invaluable resource, distilling the core arguments and judgments for quick comprehension.
Regarding the plea for probation, the High Court firmly rejected it. Citing the Supreme Court’s judgment in Dalbir Singh Vs. State of Haryana, the Court reiterated the importance of deterrence, particularly when professional drivers cause fatal accidents due to rash and negligent acts. The judgment emphasized that such cases, involving the death of three persons, should not attract the benevolent provisions of the Probation of Offenders Act, 1958, given the societal impact and the need to promote road safety.
For the reasons stated, the High Court found no grounds to interfere with the impugned judgments and order. The concurrent findings of conviction for rash and negligent driving leading to three deaths were upheld, and the revision petition was dismissed. All interim applications stood disposed of.
This judgment serves as a crucial reminder of the High Court's limited revisional jurisdiction, emphasizing that it is not an arena for re-evaluating facts unless there is a clear miscarriage of justice or perversity in the findings. For lawyers, it highlights the enduring evidentiary value of eyewitness testimony backed by strong corroborative evidence like photographs in vehicular accident cases. Furthermore, the firm stance against probation for professional drivers involved in fatal accidents under Section 304-A IPC reiterates the judiciary's commitment to deterrence and public safety on roads, making it essential reading for criminal law practitioners and aspiring legal minds.
All information provided in this analysis is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers should consult a qualified legal professional for advice on specific legal issues. CaseOn and its affiliates do not assume any responsibility for any actions taken based on the information provided herein.
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