kaur
Vs.
State of Punjab
2023:PHHC:082183
Coram HON’BLE MR. JUSTICE AMAN CHAUDHARY
DATE: 16.06.2023
FACTS:
In a brief overview of the case, on January 10, 2005, at 5:00 p.m., the deceased individual embarked on a journey to Delhi in his truck with license plate HR-38-BG-5027 from Punjab. Around 9:00 p.m. on the same day, near the brick kiln of Sambli village on the route from Dhand to Karnal Road, a canter registered as HR-64-0903 collided with the deceased’s truck from the left side of the road. Tragically, Sarwan Kumar, the deceased, lost his life immediately. The argument put forward was that the said canter was being operated recklessly and negligently.
COURT ANALYSIS AND DECISION:
Justice Chaudhary additionally observed that a witness named Balkar Singh, who resides directly across from the deceased’s residence, heard the gunshot while he was asleep but did not witness the petitioner or anyone discharging the firearm. The court pointed out that the prosecution has not presented any evidence to establish the close association of Gurdev Singh with the deceased’s family. The court also highlighted that Gurdev Singh, during his initial testimony, mentioned that the petitioner came to him after 8 or 9 days along with Gurmail Singh Barnala and Kala Singh of Sander, yet these individuals were not included in the investigation. “Furthermore, he reported this to the police on 29.08.2003 when his statement was recorded, even though the petitioner had allegedly confessed on 24.08.2003, which is about 8 or 9 days after the incident. This appears doubtful, considering he was a frequent visitor to the police station, as per his cross-examination,” the court remarked. The court also highlighted that it’s claimed the petitioner made a commotion that drew neighbors Gulzar Singh and Balkar Singh to the deceased person’s house, but this fact was not stated by either of them in their testimonies.
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Written by- Srijan Garg
