CRIMINAL REVISION NO.2324 OF 2011 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: NOVEMBER 03, 2011 Gora .....Petitioner VERSUS State of Haryana ....Respondent CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. R. S. Mamli, Advocate, for the petitioner. Mr. Saurabh Mohunta, DAG, Haryana, for the State. **** RANJIT SINGH, J. This is a case where a cyclist had died in an accident involving Truck, Tractor-trolley and a cycle. On an information received about this accident, HC Gopi Chand had reached the spot. On 6.11.1999, Manoj Kumar alongwith his younger brother had reached Jagadhri courier Service, Raju STD Bus Stand Jagadhri. Leaving his brother Manoj Kumar at the said place, the complainant himself started for the place of his duty on bicycle. He telephonically CRIMINAL REVISION NO.2324 OF 2011 :{ 2 }: informed Manoj Kumar to reach Police Station Sadar, Jagadhri which the complainant did. While he was waiting for his brother, he saw his brother approaching from the side of Jagadhri Bus Stand. A Tractor- trolley loaded with Safeda, driven by a young person, was seen coming from a wrong side. The Tractor driver lost control when another Truck came from the side of Jagadhri Bus Stand and struck against the side of trolley while being driven in a rash and negligent manner. Thereafter, the driver of the Truck lost control and hit the cyclist from the back side. The Truck thereafter went into ditches. The complainant rushed forward to take care for his brother, who succumbed for his injuries. For this, the Truck driver was proceeded against and punished, which is now under challenge through the present revision petition. The counsel for the petitioner submits that the accident took place due to negligence on the part of a Tractor driver and the petitioner-truck driver was helpless in controlling and causing the accident. The manner in which the petitioner was unable to control the Truck driven by him would belie the submissions made by the learned counsel for the petitioner. No doubt, the Tractor driver had lost control, but care and caution expected from a heavy motor vehicle driver in such like circumstances to drive the vehicle in a manner that he is able to control to negotiate such unforeseen circumstances can rightly be expected. The lack of care and caution on the part of the Truck driver would not make out a case of excusing him of the responsibility for driving the truck in a rash or negligent manner. CRIMINAL REVISION NO.2324 OF 2011 :{ 3 }: Considering the peculiar facts and circumstances of this case, in my view, case for showing leniency in the sentence is made out. Though rashness and negligence on the part of truck driver would be made out but this to an extent was contributed by the tractor driver as well. This aspect, perhaps, the Courts have not taken into consideration. Accordingly, I am not inclined to interfere in the order of conviction. However, there is a case made out for leniency in the sentence. It is otherwise an old incident, which took place in the year 1999. Taking into consideration all the abovesaid circumstances, the sentence awarded to the petitioner is reduced to six months. However, the sentences of fine shall remain intact. With this modification in the sentence, the revision is dismissed. November 03, 2011 ( RANJIT SINGH ) khurmi JUDGE