Criminal Revision No.2123 of 2002 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No.2123 of 2002 Date of decision: 4.5.2009 Amarjit Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.P.S.Bhangu, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. The petitioner was convicted for an offence under Sections 304-A, 279, 338 of the Indian Penal Code (“IPC”- for short) vide judgment dated 24.1.2001 by the Sub Divisional Judicial Magistrate, Nabha. Vide order of the even date, the petitioner was sentenced to undergo rigorous imprisonment for one and a half year and a fine of Rs.2000/- under Section 304-A IPC; rigorous imprisonment for a period of four months under Section 279 IPC and further for rigorous imprisonment for a period of one year under Criminal Revision No.2123 of 2002 2 Section 338 IPC. All the sentences were ordered to run concurrently. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed vide judgment dated 18.9.2002 by the Additional Sessions Judge, Patiala. Hence, the present revision petition. The prosecution case, in brief, as noticed by the Appellate Court in para 4 of its judgment reads as under:- “Briefly the prosecution case is that on 28.12.1994 on receipt of information regarding the admission of Gurdev Kaur, Purni, Dhaneshar in injured condition and death of Kulwinder Kaur, ASI Pritam Singh along with some constables reached Civil Hospital, Nabha and sought the opinion of the doctor who disclosed that injured Gurdev Kaur and Purni had been referred to Rajindera Hospital, Patiala and injured Dhanesar was declared unfit to make statement. ASI Pritam Singh then recorded the statement of Pala Singh to the effect that on that day i.e. 28.12.1994 at about 11.30 a.m. he along with his daughter Kulwinder Kaur aged 8 years, his mother Purni and one Gurdev Kaur were standing outside their house on the road and were talking with each other and in the meantime truck came from Nabha side at a very high speed being driven rashly and negligently and also without blowing any horn and ran over his daughter and his mother whereas Criminal Revision No.2123 of 2002 3 Smt.Gurdev Kaur also received injuries in this accident and then the said truck dashed into the kikar tree. The truck driver alighted from the truck and on enquiry he told his name as Amarjit Singh. His daughter Kulwinder Kaur succumbed to the injuries at the spot. One more person namely Dhanesar also received injuries in the accident. People gathered there. He and Hardev Singh removed the injured to Hospital after leaving behind Lal Singh and Sant Ram Chowkidar at the spot. The truck driver fled away from the spot. This accident was caused due to the rash and negligent driving of truck by the accused in which his daughter Kulwinder Kaur died at the spot and his mother Purni. Gurdev Kaur and Dhanesar received multiple injuries. After recording this statement of complainant Pala Singh, ASI Pritam Singh gave his endorsement and sent the same to the Police Station for the registration of the case, on the basis of which formal FIR was recorded against the accused. ASI Pritam Singh then visited the spot, prepared visual site plan and recorded the statements of the witnesses. Smt.Purni succumbed to the injuries in the hospital and then the dead bodies of Kulwinder Kaur and Purni were subjected to post mortem. After completion of formal investigation, the challan was presented in Court.” Criminal Revision No.2123 of 2002 4 Learned counsel for the petitioner has submitted that the petitioner was innocent and has been falsely involved in this case. The identity of the petitioner with regard to his involvement in this case was not established. He has further submitted that the petitioner has undergone two months and sixteen days of actual sentence and in case his conviction is liable to be upheld then the sentence qua imprisonment be reduced to as already undergone by him. In the present case, accident in question had occurred on 28.12.1994 at about 11.30 a.m., Pala Singh, his daughter Kulwinder Kaur, aged about eight years, mother Purni Devi and Gurdev Kaur were standing outside their house on road and were talking to each other. The truck in question driven by the petitioner came from Nabha side and ran over Kulwinder Kaur, Purni Devi and Gurdev Kaur. Thereafter, the truck came to halt after striking against kikkar tree. Truck driver disclosed his name as Amarjit Singh. Kulwinder Kaur died at the spot, whereas, Purni Devi later succumbed to her injuries in the hospital. Complainant-Pala Singh (PW-4) as well as eye witnesses Hardev Singh (PW-6), Gurdev Kaur (PW-9) have supported the prosecution case with regard to the manner of occurrence. The said witnesses had no enmity against the petitioner to involve him falsely in this case and shield the real culprit. The truck in question was recovered from the spot. Thus, the prosecution has been successful in proving its case with regard to charge framed Criminal Revision No.2123 of 2002 5 against the petitioner. Two persons have lost their lives. Hence, no ground for reduction of sentence of imprisonment in the facts of the present case is made out. The Courts below have rightly convicted and sentenced the petitioner under Sections 304-A, 279, 338 IPC. The impugned judgments do not call for any interference. Accordingly, this revision petition is dismissed. (SABINA) JUDGE May 04, 2009 anita