Tribune Information Service
Saurabh Malik
Chandigarh, March 20
The Punjab and Haryana Excessive Courtroom has dominated that it was extraordinarily tough to disbelieve an injured eyewitness’ account of an accident as he had no motive to implicate the accused. The ruling by Justice Jasjit Singh Bedi got here in a deadly accident case that took nearly a decade in the past.
No motive to implicate accused
It might be extraordinarily tough to disbelieve the attention model account of the accident sufferer, when he has obtained accidents within the mishap as he can don’t have any doable motive to falsely implicate the accused, unknown to him previous to the incidence. Justice Jasjit Singh Bedi,Punjab and Haryana Excessive Courtroom
Quoting a plethora of Supreme Courtroom judgments, Justice Bedi additionally reiterated that the failure of a witness to state that the accused was driving the automobile in a rash and negligent method was not a floor to acquit him. The circumstances of a case established whether or not the accused was driving in a rash and negligent method.
“In a case below Part 304-A of the IPC (inflicting dying by negligence), it could be extraordinarily tough to disbelieve the attention model account of the accident sufferer, when he has obtained accidents within the incidence as a result of he can don’t have any doable motive to falsely implicate an accused who’s unknown to him previous to the incidence,” Justice Bedi asserted.
Referring to a judgment within the case of “Bir Chand versus the State of Haryana 2003”, Justice Bedi added that it had been clearly held that the accused couldn’t be acquitted merely as a result of the witness didn’t state the accused was driving in a rash and negligent method. Mere parrot-like repetition of the phrases that he was driving in a rash and negligent method was not required.
The assertion got here in a deadly accident case, the place the counsel for the accused argued that he should be acquitted as he was not recognized correctly, the presence of the witnesses was uncertain and there was no proof of the petitioner driving the automobile in a rash and negligent method.
The matter was delivered to Justice Bedi’s discover after the accused filed a revision petition. He was initially convicted and sentence to 2 years’ imprisonment in November 2018 by Bahadurgarh Sub-Divisional Judicial Justice of the Peace. His enchantment towards the order was dismissed by Jhajjar Extra Classes Decide, following which the matter was positioned earlier than Justice Bedi. The accident had taken place in December 2013.
Earlier than parting with the case, Justice Bedi added that the petitioner was a first-time offender. The incidence was nearly a decade previous. As such, the sentence was modified and decreased to one-and-a half years whereas inserting reliance on the Supreme Courtroom and Excessive Courtroom judgments.
