Criminal Revision No.2147 of 2008 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No.2147 of 2008 Date of decision: 4.5.2009 Rajinder Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: None for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. The petitioner was convicted for an offence under Sections 279 and 304-A of the Indian Penal Code (“IPC”- for short) vide judgment dated 24.12.2005 by the Judicial Magistrate, Ist Class, Kharar. Vide order of the even date, the petitioner was sentenced to undergo rigorous imprisonment for a period of six months under Section 279 IPC and rigorous imprisonment for a period of for one year and a fine of Rs.1000/- under Section 304-A IPC. Both the sentences were ordered to run concurrently. Aggrieved by the same, the petitioner preferred an appeal and the Criminal Revision No.2147 of 2008 2 same was dismissed vide judgment dated 5.3.2008 by the Additional Sessions Judge, Rupnagar. Hence, the present revision petition. Notice of motion was issued in this case on 20.10.2008. However, service could not be effected on the respondent as process fee was not deposited by the learned counsel for the petitioner. Today, even on the second call, no body has appeared on behalf of the petitioner. On the last date also no body had appeared on behalf of the petitioner nor the process fee has been deposited for issuance of notice to the respondent. In the present case, accident in question had allegedly taken place at about 8/8.30 p.m. on 31.5.1997. Complainant Harbans Singh was travelling on a scooter along with his wife. His younger brother Kulwant Singh was driving a scooter, ahead of the complainant, along with his wife and children. When they reached at bus stand Kharar from Chandigarh, truck in question came from Ropar side and struck against the scooter driven by Kulwant Singh. Due to this the scooter driven by the complainant also struck against the truck. As a result of this Kamaljit kaur, wife of Kulwant Singh succumbed to her injuries in PGI, Chandigarh. Complainant, while appearing in the witness box as PW- 1, supported the prosecution case. Raj Pal-PW/2, who was an eye witness to the accident, also corroborated the statement of the complainant. The said witnesses had no enmity against the petitioner to involve him falsely in this case. The said Pws had duly Criminal Revision No.2147 of 2008 3 identified the petitioner as an accused. Dr.Bharti Goel -PW/4 had proved the postmortem report of deceased Kamaljit Kaur. Both the Courts below have rightly convicted and sentenced the petitioner under Sections 279 and 304-A IPC. Hence, no interference is called for. Accordingly, this revision petition is dismissed. (SABINA) JUDGE May 04, 2009 anita