Criminal Revision No. 2297 of 2003 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 2297 of 2003 Date of Decision: 28.5.2009 Rulda Singh …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Arvind Singh, Advocate for the petitioner. Mr. S.S. Kharb, Assistant Advocate General, Haryana, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been preferred by Rulda Singh son of Budh Singh, resident of village Bhainswan, Police Station Tanda, District Hoshiarpur. He was tried by the Court of Additional Chief Judicial Magistrate, Kurukshetra, for offences under Sections 279, 337 & 338 IPC. The Court found the petitioner guilty for offences under Sections 279, 337 & 338 IPC and awarded the following sentence:- Criminal Revision No. 2297 of 2003 2 Under Section Sentence Fine 279 IPC Rigorous imprisonment for period of three months and a fine of Rs.500/-. In default of payment of fine accused shall undergo rigorous imprisonment for period of one month. Rs.500/- 337 IPC Rigorous imprisonment for period of three months and a fine of Rs.250/-. In default of payment of fine accused shall undergo rigorous imprisonment for period of fifteen days. Rs.250/- 338 Rigorous imprisonment for period of one year and a fine of Rs.1,000/-. In default of payment of fine accused shall undergo rigorous imprisonment for period of two months. Rs.1,000/- Aggrieved against the same, petitioner had filed an appeal. The Additional Sessions Judge, Kurukshetra, on 12.11.2003, upheld the conviction under Sections 279 337 & 338 IPC. However, maintaining the sentence under Sections 279 & 337 IPC, sentence under Section 338 IPC was reduced from one year to six months. Case of the complainant Joginder Singh son of Sohan Lal was that he was working as a Peon in the office of the Deputy Commissioner, Kurukshetra. On 9.4.1996, he was going to his village Balshi on his motorcycle bearing registration No. HR-07-B-9610. At about 5.30 P.M. a Maruti car driven by the accused hit the motorcycle of the complainant. It was stated that accident had taken place due to rash and negligent driving of the petitioner and petitioner after causing the accident had fled away from the spot. The complainant was taken to L.N.J.P. Hospital, Kurukshetra, where his statement Ex.PW.1/A was recorded, on basis of which FIR Criminal Revision No. 2297 of 2003 3 was lodged. Petitioner was arrested on 9.4.1996. In the accident, complainant Joginder Singh had suffered the following injuries:- “1. There was lacerated wound with an abrasion on the dorsum of the left hand. Fresh bleeding was present. X-ray was advised. 2. It was diffuse swelling and tenderness around right ankle joint. X-ray was advised. 3. There was an abrasion 3 cm X 1 cm on the lateral aspect of the left knee. 4. There was an abrasion 2 cm X 1 cm on the anterior aspect of the right knee.” Injuries No.1 and 2 were X-rayed. As per report Ex.PA of Radiologist Dr. C.R. Khatri, there was a fracture of medical malleolus right ankle. Counsel for the petitioner Mr. Arvind Singh, Advocate, appearing for the petitioner has stated that in view of the fact that two Courts below have held that petitioner was guilty of rash and negligent driving, he will not be able to assail his conviction. Counsel for the petitioner has stated that in the present case, occurrence had taken place in the year 1996. Petitioners have already suffered a protracted trial of 13 years. Petitioner has committed no offence before the registration of FIR and thereafter. He has further submitted that petitioner has already undergone eight days of his actual sentence. Counsel has further submitted that it is a case of accident where only fracture of ankle was suffered by the complainant-driver of the motorcycle. Criminal Revision No. 2297 of 2003 4 Taking into consideration long protracted trial, antecedents and conduct of the petitioner, he is ordered to be released on probation for a period of six months. However, cost of litigation is assessed as Rs.1,000/- and complainant is awarded Rs.10,000/- as compensation. On deposit of amount of compensation and cost of litigation, petitioner will be released on probation to the satisfaction of the trial Court. Petitioner shall execute bonds with an undertaking to keep peace and be of good behaviour during the period of probation. With these modifications in the sentence, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 28, 2009 “DK”