Sukhdev Singh vs State Of Punjab on 19 March, 2026

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    Punjab-Haryana High Court

    Sukhdev Singh vs State Of Punjab on 19 March, 2026

                                     IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                  AT CHANDIGARH
    
    
    
    
                             (210)                              CRRR-3014-2010
                                                                Decided on: 19.03.2026
                             Sukhdev Singh                                   ......Petitioner
                                                            Versus
                             State of Punjab                                  .....Respondent

    CORAM : HON’BLE MR.JUSTICE RAMESH CHANDER DIMRI

    Present:- Mr.Karan
    Karan Sirohi, Advocate, for
    Mr.Nakul Sharma, Advocate, for the petitioner.

    SPONSORED

    Mr.Kuljeet Singh,, Addl.A.G., Punjab.

    Ramesh Chander Dimri J. :

    1. This judgment shall dispose of a Criminal Revision

    Petition filed against the judgment dated 27.07.20
    27.07.2010 passed by the

    Learned Sessions Judge, Fatehgarh Sahib (for brevity, “Appellate

    Court”) by which an appeal filed by the petitioner/accused
    /accused (for

    brevity, “accused”) against the judgment of conviction
    ion dated

    04.06.2009 and an order of sentence of that very date,, passed by

    Learned Chief Judicial Magistrate, Fatehgarh Sahib, arising out of an

    FIR No.50
    50 dated 23.06.2002 under Section
    Sections 279, 338, 427 & 304A of

    the
    he Indian Penal Code, 1860 (for brevity, ‘1860 Code’), registered at

    Police Station Khamanon, was dismissed.

    2. As per the prosecution case
    case, on 23.06.2002, PW-9 ASI

    Rajwant Singh,
    Singh with other police officials
    officials, was present in the area of

    Village Sanghol falling in territorial jurisdiction of Police Station

    Khamanon for patrolling etc. There, PW-1 Gurcharan Singh s/o
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    Sh.Atma Singh, resident of House No.38, Khukrain Colony, Anaz

    Mandi, Khanna, met him and got recorded his statement PW1/A.

    After true translation into English, said statement is reproduced as

    under:

    “Statement of Gurcharan Singh son of Shri Atma Singh
    Community (withheld), resident of House No.38,
    Khukrain Colony, Anaz Mandi, Khanna, aged about 72
    years
    It is stated that I am resident of the above said
    address and am working as a Storekeeper at Sant Kartar
    Filling Station, Malerkotla Road, Khanna. Today, I with
    my nephew Gurmeet Singh son of Veer Singh resident of
    Nandi Colony Street No.4 Near Chungi No.8, Lalheri
    Road, Khanna and his wife Hardeep Kaur as well as
    Gurmeet Singh son of Sewak Singh Community
    (withheld) resident of Nandi Colony, Lalheri Road,
    Khanna, had come to Morinda for some personal work.
    After finishing our work, we were going from Morinda to
    our village Khanna via Sanghol on our respective
    scooters. Gurmeet Singh son of Veer Singh and his wife
    Hardeep Kaur were riding on scooter bearing
    registration No.PB-26A-3152 whereas I and Gurmit
    Singh son of Sewak Singh, above-stated, were on scooter
    bearing registration No.PIC-8863. Scooter was being
    driven by Gurmeet Singh son of Sewak Singh, above-
    stated. I was pillion rider of his scooter. We were
    following Gurmeet Singh son of Veer Singh etc. at a
    distance of 100 yards. When we reached a little ahead of
    Village Khant in the boundary of Village Pholo Majra, at
    about 5.15 p.m., driver of a white coloured Tata Sumo
    vehicle coming from Khamanon side, while driving it in a
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    rash and negligent manner, hit the scooter of my nephew
    Gurmeet Singh son of Veer Singh, above-stated, who was
    going ahead of me and dragged the scooter to a long
    distance ahead. My nephew Gurmeet Singh and his wife
    Hardeep Kaur received many injuries. Because of many
    injuries received by Gurmeet Singh, he died at the spot.
    Scooter also was damaged severely. Hardeep kaur wife
    of Gurmeet Singh was sent to Morinda for treatment with
    Gurmit Singh son of Sewak Singh. Registration number
    of Tata Sumo was subsequently read as PB5G-5777.
    Many people gathered there. Driver of Sumo, while
    finding an opportunity, left the said vehicle at the spot
    and fled from there. This occurrence has been caused
    because of rash, high speed and negligent driving of the
    Tata Sumo by its driver. I was going to the Police Station
    for giving intimation. You have met me on the way. I
    have got my statement recorded to you. I have heard it.
    It is correct.

    Sd/- in English
    Gurcharan Singh
    Attested Rajwant Singh ASI
    PS Khamanon
    Dated 23.6.2002″

    3. On the basis of the said statement, above-mentioned FIR

    was registered at Police Station Khamanon. Investigation was set

    into motion. PW9 ASI Rajwant Singh etc. reached the spot. It was

    inspected. Its photographs were taken. Its rough site-plan was

    prepared. Post-mortem on dead body of the deceased Gurmeet Singh

    was got conducted from Civil Hospital, Bassi Pathana, whereafter,

    his dead body was handed over to his legal heirs. Post-mortem report

    was obtained. Treatment record of injured Hardeep Kaur was
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    collected. Registration certificate of scooter No.PH26A-3152 was

    taken in police possession. Driving licence of the deceased Gurmeet

    Singh was not found at the spot despite search. Tata Sumo as well as

    its registration certificate were taken into police possession through a

    recovery memo. On 27.06.2002, driver of the Tata Sumo vehicle

    namely Sukhdev Singh s/o Sh.Makhan Singh r/o Loco Shed,

    Ferozepur Cantt., was arrested as accused of the present case and was

    released on bail. Mechanical examination of the accidental vehicles

    were got conducted. On conclusion of investigation, final report

    under Section 173 of the Code of Criminal Procedure, 1973 (for

    brevity, ‘1973 Code’) was prepared on 26.08.2002. It was then

    presented before the concerned Magistrate.

    4. On receipt of the said report, the concerned Magistrate,

    after complying with the provisions contained in Section 207 of the

    1973 Code, heard the prosecution and the accused on the issue of

    framing of charges against the accused. After such hearing, vide

    order dated 03.04.2003, it charge-sheeted the accused under Section

    279, 338 & 304A of the 1860 Code. However, the accused did not

    plead guilty to the said charges and claimed trial.

    5. In support of its case, the prosecution examined the

    following witnesses:

    Sr. Witness Name
    No.
    1 PW-1 Gurcharan Singh (complainant)
    2 PW-2 Dr.Amarjit Singh, Medical Officer,
    Civil Hospital, Bassi Pathana (Post-

    mortem examination witness)
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    3 PW-3 Hardeep Kaur widow of Gurmeet Singh
    (eye witness)
    4 PW-4 Karam Singh (Mechanical examination
    report witness)
    5 PW-5 Harjit Singh (brother of the deceased)
    6 PW-6 Devinder Singh (Photographer)
    7 PW-7 Shital Singh, Clerk, DTO Office,
    Muktsar (Record witness)
    8 PW-8 Bhushan Kumar (Record witness)
    9 PW-9 ASI Rajwant Singh (Investigating
    Officer)
    10 PW-10 Surinder Singh (Record witness)
    11 PW-11 Gurmeet Singh (Record witness)
    12 PW-12 Dr.P.Sudesh, Asstt. Professor,
    Department of Orthopaedics, PGI,
    Chandigarh (Treatment record witness)

    6. In addition to the examination of the said witnesses, the

    prosecution also proved and relied upon the following documents:

                                             Sr.No. Exhibit         Nature of document
    
                                             1        Ex.P1   to Photographs and negatives of the
                                                      P16        place of accident.
                                             2        Ex.PW1/A Statement of Gurcharan Singh.
    
                                             3        Ex.PW1/B      Recovery memo of Tata Sumo
                                                                    etc.
                                             4        Ex.PW1/C      Recovery memo of scooter.
    
                                             5        Ex.PW1/A      Post-mortem examination report
                                                                    of the deceased.
                                             6        Ex.PW1/B      Pictorial diagrams.
    
                                             7        Ex.PW4/A      Mechanical examination report of
                                                                    Tata Sumo.
                                             8        Ex.PW4/B      Mechanical examination report of
                                                                    scooter.
                                             9        Ex.PW4/A      Mechanical examination report of
                                                                    Tata Sumo.
                                             10       Ex.PW4/B      Statement under Section 175 of
                                                                    1973 Code.
                                             11       Ex.PW4/C       Receipt of dead body.
    
    
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                              CRR-3014-2010                                                             -6-
    
    
    
                                             12      Ex.PW5/A    Recovery memo of photographs
                                                                 and negatives.
                                             13      Ex.PW7/A    Verification      report      dated
                                                                 28.06.2002.
                                             14      Ex.PW8/A    Photocopy of relevant page of
                                                                 register in respect of scooter
                                                                 bearing Registration No.PB-26A-
                                                                 3152.
                                             15      Ex.PW8/B    Registration certificate of scooter
                                                                 bearing registration No.PB-26A-
                                                                 3152.
                                             16      Ex.PW9/A    Police proceedings.
    
                                             17      Ex.PW9/B    Copy of FIR.
    
                                             18      Ex.PW9/C    Rough Site plan of the place of
                                                                 occurrence.
                                             19      Ex.PW9/D    Inquest proceedings.
    
                                             20      Ex.PW9/E    Statement under Section 175 of
                                                                 1973 Code.
                                             21      Ex.PW9/F    Application for getting medical
                                                                 record of Hardeep Kaur.
                                             22      Ex.PW9/G    Opinion of the doctor.
    
                                             23      Ex.PW9/H    Jama Talashi Memo of            the
                                                                 accused.
                                             24      Ex.PW9/J    Arrest memo of the accused.
    
                                             25      Ex.PW9/L    Mechanical examination report
    
                                             26      Ex.PW9/M    Mechanical examination report.
    
                                             27      Ex.PW10/A Registration certificate of Tata
                                                               Sumo.
                                             28      Ex.PW10/D Verification report.
    
                                             29      Ex.PW12/A Medico-legal case summary of
                                                               Hardeep Kaur.
                                             30      Ex.PW12/B Injury report of Hardeep Kaur.
    
    
    
    

    7. On completion of prosecution evidence, the Learned

    Chief Judicial Magistrate,Fatehgarh Sahib (for brevity “Magistrate”)

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    recorded statement of the accused under Section 313 of the 1973

    Code. In the said statement, the accused claimed false implication.

    Despite availing opportunities to lead defence, he did not examine

    any witness.

    8. On conclusion of evidence, the Learned Magistrate heard

    the parties on merits of the case. After such hearing, it

    convicted/sentenced the accused in the following manner:-

                               U/s            Sentence                   Fine (in Rs.)
                               279     of     Rigorous Imprisonment      -
                               1860 Code      for 6 months
                               338     of     Rigorous Imprisonment      Rs.1000/- and in default to
                               1860 Code      for 6 months               further undergo RI for 15 days
                               304-A of       Rigorous Imprisonment      Rs.1000/- and in default to
                               1860 Code      for 2 months               further undergo RI for 6 months
    
    
    

    9. Aggrieved of the said conviction/sentence, the accused

    filed an appeal before the Learned Sessions Judge, Fatehgarh Sahib.

    However, it was dismissed by the Appellate Court through the

    impugned judgment dated 27.07.2010.

    10. Aggrieved of the said dismissal, the accused is before this

    Court in revision.

    11. I have heard Shri Karan Sirohi, the learned counsel for

    the accused as well as Shri Kuljeet Singh, Addl.A.G., Punjab, on

    merits of the petition. With their assistance, I have perused the

    photostat copy of the record.

    12. Learned counsel for the accused has argued that

    identification of the accused for the first time in the Court was not

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    sufficient to connect him with the crime in question. No test

    identification parade was conducted. PW1 Gurucharan Singh and

    other eye-witnesses deposed that driver of the Sumo had fled from the

    spot in opposite direction. If facts of the case in question are

    considered in that manner, there was no opportunity with the eye-

    witnesses to identify the driver. Prosecution has not established as to

    how they had identified the accused as offender of the case in

    question. Driving license of the accused was not recovered from the

    alleged place of accident. Recovery memo in that regard is false. The

    said driving license was not attached to the final report. In the

    absence of any test identification parade, identity of the accused as

    committing the alleged offences has not been established. He has

    accordingly prayed for setting aside the impugned judgments and

    order as well as for acceptance of the petition.

    13. On the other hand, learned Additional Advocate General

    has argued that the accused has been identified as committing the

    offences in question before the Court. Such identification is sufficient

    in law. Driving licence of the accused was recovered from the Sumo

    when it was taken into police possession from the spot. In view of

    thereof, non-holding of test identification parade during investigation,

    pales into insignificance. Evidence on record connects the accused

    with the offences in question to the hilt. He has accordingly prayed

    for dismissal of the revision petition.

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    14. After such hearing and perusal, I may state that through

    the impugned judgments and order, the accused was convicted and

    sentenced for the above mentioned offences. The present petition is a

    revision petition filed under Section 401 of the 1973 Code. Such a

    petition has to be dealt with within the parameters prescribed under

    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

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    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 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.”

    15. 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

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    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. 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.”

    16. 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

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    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 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. …..”.

    17. 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:-

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    “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 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

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    be careful to see that its decision in exercise of this power

    is based on sound principles.”

    18. 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 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.”

    19. 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:-

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    “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. 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.”

    20. 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

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    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.

    21. Applying the said observations to the present case, I may

    state that the FIR in the present case was registered on the basis of a

    statement Ex.PW1/A of PW1 Gurcharan Singh. True it is that in the

    said document, the said PW has alleged rashness, negligence and

    high-speed driving to driver of the Tata Sumo by stating that its

    driver hit scooter of the deceased Gurmeet Singh from opposite side.

    At the same time, the said document does not say that PW1

    Gurcharan Singh was known to driver of the Tata Sumo prior to the

    date of occurrence in question. In the said document, he also does not

    say that driver of the Tata Sumo had come near to him. It simply

    mentions that thereafter registration number of the Tata Sumo was

    read by PW1 Gurcharan Singh as “PB-5G-5777” and many people

    gathered at the spot because of which the driver of the Tata Sumo, by

    taking advantage of the situation, fled from the spot by leaving the

    Tata Sumo. Therefore, the said document does not establish identity

    of the driver of the Tata Sumo causing the accident. However,

    prosecution alleges that on 23.06.2002 itself PW9 ASI Rajwant Singh

    took the said Tata Sumo in police possession from the spot with the

    registration certificate thereof and also a driving license of the

    accused. At the same time, a perusal of the final report dated

    26.08.2002 prepared/presented in the case in question does not show

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    that driving license of driver of the said Tata Sumo was taken into

    police possession from the spot with the said vehicle and its

    registration certificate. It simply says that the said Tata Sumo and its

    registration certificate were taken into police possession therefrom.

    Not only this, a perusal of the said final report also shows that driving

    license allegedly recovered from the spot contained in the said Tata

    Sumo has not been mentioned to have been attached with the said

    report for presentation before the Court. The said fact could have

    been ignored if the said driving license would have been produced

    before the Court and would have been got exhibited in evidence. At

    the same time, evidence produced in the case in question does not

    show that driving license allegedly recovered from the spot and

    allegedly belonging to the accused was produced/exhibited in

    prosecution evidence. Therefore, prosecution contention that driving

    license of the accused was recovered from the said Tata Sumo when

    it was taken into police possession from the spot on 23.06.2002 has

    not been established. In the absence of proof of such

    recovery/production/exhibition, it is to be held that no driving license

    was recovered from the spot in the manner alleged, not to talk of the

    driving license of the accused. Once it is so, it has to be

    held/concluded that on the date of arrest of the accused i.e.

    27.06.2002 as offender of the present case, there was no link evidence

    with the police to conclude that the accused was driver of the Tata

    Sumo. At the same time, the prosecution case as well as evidence has

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    proceeded on the premises that the accused was traced on the basis of

    the driving license recovered from the said Tata Sumo. Deposition of

    PW1 Gurcharan Singh and PW9 Rajwant Singh is on similar lines.

    However, they are not supported by the evidence on record. Driving

    license allegedly recovered from the spot has till date not seen the

    light of the day. In the absence thereof, contents of the recovery

    memo Ex.PW10/A are incorrect. If the same are incorrect, it cannot

    be held that driving license of the accused was recovered from the

    above-stated Tata Sumo in the manner alleged.

    22. I may also state that prosecution does not say that before

    arrest of the accused in the present case, it conducted a test

    identification parade. PW1 Gurcharan Singh, PW3 Harjeet Kaur and

    PW11 Gurmeet Singh also do not say that before arrest of the accused

    in the present case, a test identification parade was conducted by the

    police or that the accused was identified by them before his such

    arrest. So far as identification of a person arrested in a criminal case

    is concerned, it is to be done in terms of Section 54A of the 1973

    Code. Said section is accordingly reproduced as under:-

    “54A. [ Identification of person arrested :-

    – Where a person is arrested on a charge of committing

    an offence and his identification by any other person or

    persons is considered necessary for the purpose of

    investigation of such offence, the Court, having

    jurisdiction may, on the request of the officer in charge of

    a police station, direct the person so arrested to subject
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    himself to identification by any person or persons in such

    manner as the Court may deem fit.]

    [Provided that, if the person identifying the person

    arrested is mentally or physically disabled, such process

    of identification shall take place under the supervision of

    a Judicial Magistrate who shall take appropriate steps to

    ensure that such person identifies the person arrested

    using methods that person is comfortable with:

    Provided further that if the person identifying the person

    arrested is mentally or physically disabled, the

    identification process shall be video-graphed.]”

    23. Hon’ble the Supreme Court in the report “Kanan and

    others Vs. State of Kerala“, AIR 1979 SC 1127, in respect of value

    of an identification done for the first time in the Court, observed and

    held as under:-

    “It is well settled that where a witness Identifies an

    accused who is not known to him in the Court for the first

    time, his evidence is absolutely valueless unless there has

    been a previous T. I. parade to test his powers of

    observations. The Idea of holding T. I. parade under

    Section 9 of the Evidence Act is to test the veracity of the

    witness on the question of his capability to identify an

    unknown person whom the witness may have seen only

    once. If no T. I. parade is held then it will be wholly

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    unsafe to rely on his bare testimony regarding the

    identification of an accused for the first time in Court. In

    these circumstances, therefore, we feel that it was

    incumbent on the prosecution in this case to have

    arranged T. I. parade and get the identification made

    before the witness was called upon to identify the

    appellant in the court.”

    24. If the said section and observations are applied to the case

    in question, identification of the accused done by PW1 Gurcharan

    Singh, PW3 Hardeep Kaur and PW11 Gurmeet Singh for the first

    time in the Court has no value and sanctity in law. None of the said

    prosecution witnesses has deposed that the accused was known to

    them prior to the occurrence in question. They also do not say that

    the accused came near to them after committing the alleged offences.

    Rather, PW1 Gurcharan Singh is categoric that many people gathered

    at the spot and driver of the Tata Sumo by taking advantage of the

    said gathering fled from the spot towards opposite side, i.e. from the

    side from which the Tata Sumo was coming. His such deposition,

    therefore, establishes that he did not properly see the driver before he

    fled from the spot. So far as PW3 Hardeep Kaur and PW11 Gurmeet

    Singh are concerned, they identified the accused for the first time in

    the Court. For the fact that they did not know the accused prior to the

    occurrence in question, his identification by them for the first time in

    the court as an accused of the case in question, pales into

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    insignificance and is not sufficient to connect him to the commission

    of the offences in question. However, the impugned judgments have

    held the accused guilty on the basis of identification by the said

    prosecution witnesses done for the first time in the court. The

    impugned judgments, therefore, are contrary to the above reproduced

    observations and manifestly illegal causing gross miscarriage of

    justice. Such judgments have neglected to exercise proper precaution

    and suffer from manifest error on the above-stated point of law.

    Revisional powers of a High Court should be exercised to do real and

    substantial justice. The above-stated facts and observations make the

    present case a fit case for exercise of revisional jurisdiction against

    the impugned judgments and order.

    25. There is one more factor to be noticed. In the statement

    Ex. PW1/A, PW1 Gurcharan Singh has given registration number of

    the Tata Sumo as “PB-5G-5777”. In the recovery memo Ex. PW10/A

    also, registration number of the said vehicle has been mentioned as

    such. At the same time, in mechanical examination report Ex.PW4/A,

    registration number of the said vehicle has been mentioned as “PB-

    05G-5777”. In the photocopy of the registration certificate of the said

    vehicle appended to the file also, its registration number has been

    mentioned as “PB-05G-5777”. Photograph Ex.P6 also shows that its

    registration number is “PB-05G-5777”. If the statement Ex.PW1/A

    would not have mentioned registration number of the vehicle, it could

    have been understood that PW1 Gurcharan Singh would have

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    inadvertently omitted to mention the same. At the same time, in the

    said statement, he mentions number of the said vehicle specifically as

    “PB-5G-5777”. Even in the recovery memo Ex.PW1/B, its

    registration number has been mentioned as such. The said documents

    are the first documents to have been prepared by the prosecution but

    in the same, registration number of the Tata Sumo has not been

    correctly mentioned. As against the said fact, true registration number

    of the said vehicle was “PB-05G-5777”. May be that the said fact, of

    its own, would not have counted much in favour of the accused. At

    the same time, it, coupled with the above stated discussion, supports

    the accused when he contends that he has been falsely implicated in

    the case in question and his identity in it as committing the alleged

    offences has not been duly proved. The arguments raised on behalf of

    the State of Punjab are therefore rejected.

    26. For what has been stated above, I am of the considered

    opinion that the impugned judgments and order of sentence cannot

    legally be sustained. The same, with all consequential proceedings,

    are accordingly set aside. In turn, the accused is acquitted of the

    charges framed against him in the case in question by extending

    benefit of doubt. All interim application/s, if any, stand disposed of.

                             March 19th, 2026                     (RAMESH CHANDER DIMRI)
                             sailesh                                     JUDGE
    
                                             Whether speaking/reasoned :   Yes
                                             Whether Reportable :          Yes
    
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