Criminal Revision No.1516 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1516 of 2005 Date of Decision : 24.1.2011. Gurtej Singh ...... Petitioner Versus Union Territory, Chandigarh ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. S.C. Sibbal, Sr. Advocate with Mr. V.S. Rana, Advocate, for the petitioner, Mr. Gautam Kaile, Advocate for Mr. Rajiv Sharma, Advocate, for U.T., Chandigarh. NAWAB SINGH J.(ORAL) This revision is directed against the judgment dated July 20th, 2005 passed by Additional Sessions Judge, Chandigarh, whereby, appeal against the judgment of conviction and order of sentence dated May 18th, 2002 of Judicial Magistrate First Class, Chandigarh was partly accepted. The Additional Sessions Judge reduced the sentence of the petitioner as under:- Offence Sentence Fine In default 304-A IPC RI for 1 year ` 3000/- SI for 3 months 2. The prosecution story, in brief, is that on November 11th, 1997, the petitioner was driver on a school bus bearing registration No. CH-01-M-9746. Bhrigu Mahajan, a child of three and a half years, student of Pre-Nursery, used to go in the said bus to his school. On the fateful day too, he came in the said bus to his house No.2838, Sector 37-C, Chandigarh. His mother Surekha (PW-1) complainant-eye witness was standing in front of her house to receive the child. Unfortunately, the child died on account of an accident. He was immediately removed to Government Multi Specialty Hospital, Sector 16, Chandigarh where he was declared brought dead. On the statement of Surekha (Exhibit P-1), First Criminal Revision No.1516 of 2005 2 Information Report No. 234 dated November 11th, 1997 under Sections 279 and 304-A IPC (Exhibit PW-5/C) was registered in Police Station Sector 39, Chandigarh. 3. On completion of investigation and other formalities, the accused was arraigned for trial. 4. In support of its case, prosecution examined: Surekha (PW-1), Rajiv Kumar (PW-2), Dr. B.S. Riar (PW-3), Prem Chand (PW-4), Baljit Singh (PW-5), Ishwar Singh (PW-6), Sushil Kumar (PW-7), Harjinder Singh (PW-8) and Ramesh Kumar Verma (PW-9). 5. In his examination recorded under Section 313 of the Code of Criminal Procedure, the accused denied his complicity. 6. Learned counsel for the petitioner has contended that a reading of evidence of Surekha, the only eye witness of the occurrence would go to show that the prosecution has failed to prove any rash or negligent act of the petitioner in any way and as such both the Courts below fell in error in convicting and sentencing the petitioner. 7. Surekha has deposed that on November 11th, 1997 at about 12.15 p.m her son came in the bus driven by the petitioner. The bus stopped in front of her house. She came out of her house to receive the child. The petitioner greeted her saying Sat Sri Akal. He also asked her as to whether she was working at that time and also whether there was holiday in her school. While they were talking to each other, driver of the bus started the bus and hit the child. She crossed the road and noticed her child lying on the road. Except this statement to prove the negligence of the petitioner, there is no other evidence on record to say that petitioner was negligent in causing the accident. The requirements of Section 304-A IPC are that the death of any person must have been caused by the accused by doing any rash or negligent act. In other words, there must be proof that there was rash or negligent act of accused which was the cause of the death. There must be direct nexus between the death of a person and the rash, or negligent act of the accused. The evidence of Surekha falls short of proving any rash or negligent act on part of the Criminal Revision No.1516 of 2005 3 petitioner. 8. For the reasons aforesaid, revision is accepted. As a result thereof, the judgments of conviction and orders of sentence passed by learned Courts below are set aside. Consequently, the accused petitioner is acquitted of the charge, under which, he was convicted. (NAWAB SINGH) JUDGE 24.1.2011. SN