In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 80 of 2009 Date of Decision:February 25, 2009 State of Haryana ---Petitioner versus Shish Ram and another ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Sidharth Sarup, AAG, Haryana *** SABINA, J. Shish Ram and Sardar Jogender Singh-respondents were discharged vide order dated 9.7.2008 by Additional Sessions Judge, Narnaul in FIR No. 231 dated 7.12.2006 under Sections 279, 337, 338/ 34 of the Indian Penal Code(hereinafter referred to as “IPC”) registered at Police Station Sadar Narnaul. Aggrieved by the same, State has filed the present revision petition. Learned State counsel has submitted that the appellate court has erred in discharging the respondents of the charge framed against them. Respondent No. 1 was the owner of the vehicle whereas stone had been brought for construction of house of respondent No. 2. In the present case, trial court framed charges against the respondents under Sections 279, 337, 338/34 IPC on 8.2.2008. Aggrieved by the same, respondents preferred a revision petition and the same was allowed by the Additional Sessions Judge, Narnaul vide impugned order Crl. Revision No. 80 of 2009 -2- dated 9.7.2008. Sections 279, 337 and 338 Cr.P.C. are reproduced below:- “279. Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to pay other person, shall be punished with imprisonment of either description of term which may extend to six months, or with file which may extend to one thousand rupees, or with both. 337. Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees or with both. 338-Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.” The accident, in question, took place as the support of the pick up was removed at the instance of respondents by complainant-Ram Niwas and Pardeep. Ram Niwas was working as a labourer along with others. Stones were to be transported to the house of Jogender Singh- respondent No. 2 in the Pickup. When the complainant-Ram Niwas and Pardeep removed the support of the Pickup, they suffered injuries. Crl. Revision No. 80 of 2009 -3- In these circumstances, the learned appellate court has rightly held that no offence under Section 279,337,338/34 IPC was made out as the respondents had merely directed injured to remove the support of the pickup. The impugned order does not suffers from any infirmity and, hence, calls for no interference. Accordingly this petition is dismissed. The application seeking condonation of delay in filing the revision petition is merely academic and is disposed of as such. (SABINA) JUDGE February 25, 2009 PARAMJIT