Crl. Revision No.127 of 2002 {1} the High Court of Punjab and Haryana at Chandigarh Crl. Revision No.127 of 2002 Date of Decision:May 01, 2009 Jasbir Singh ---Petitioner versus Union Territory Chandigarh ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.R.K.S.,Advocate, for the petitioner None for the respondent. *** SABINA, J. Jasbir Singh-petitioner was convicted for an offence under Sections 279, 304-A of the Indian Penal Code (hereinafter referred to as “IPC”) and Section 3/181 of the Motor Vehicle Act (hereinafter referred to as “the Act”) vide judgment dated 26.3.1999 passed by Additional Chief Judicial Magistrate, Chandigarh. Vide order of even date passed by additional Chief Judicial Magistrate, Chandigarh, petitioner was sentenced to undergo rigorous imprisonment for three months for offence under Section 279 IPC and sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500/- for offence under Section 304-A IPC and sentenced to undergo rigorous imprisonment for one month for offence under Section 3/181 of the Act. Aggrieved by the same petitioner preferred an appeal which was dismissed by the Additional Sessions Judge, Crl. Revision No.127 of 2002 {2} Chandigarh vide judgment dated 5.1.2002. Hence the present revision petition. Brief facts of the case as notice by the appellate court in para 2 of its judgment are as under:- “The short facts leading to the conviction of the appellant for the various offences as referred to above are that the Station House Officer of Police Station, East, Chandigarh laid the charge sheet against the appellant in the Court of Ilaqa Magistrate, Chandigarh, for his trial for the offences under Sections 279, 337, 304-A IPC and under Section 3/181 of the Motor Vehicle Act. The brief facts of the case of the prosecution are that on 2.12.1995, at about 9.00 PM, Constable Rajbir Singh No. 2110 of Police Post, Bapu Dham Colony, Sector-26, Chandigarh along with C. Raj Kumar No. 666 was on patrolling duty in the area of Bapu dham Colony. That when C. Rajbir Singh and C. Raj Kumar were present near Plot No. 5, Transport Area, Sector-26, Chandigarh, adjoining Kalka road, Madhya Marg road divider, they noticed a clean shaven man in the age group of 35-40 years of middle height and strongly built coming on bi-cycle from the side of Transport Chowk, Sector-26 Chandigarh and was proceeding towards Manimajra, Chandigarh. At than time, a scooter No. PB-18-5702 came from the Transport Chowk from the side from which the above referred cyclist was coming and the above referred scooter was Crl. Revision No.127 of 2002 {3} being driven rashly and negligently. The scooter struck into the cyclist resulting into this accident. The cyclist fell down, sustained multiple injuries and became unconscious. The injured cyclist was taken to General Hospital, Sector-16, Chandgiarh in a police vehicle, which arrived at the scene of the accident. The scooterist also fell down at some distance. The scooterist on enquiry disclosed his name as Jasbir Singh son of Daler Singh, resident of Alli Kalan, PS Sultanput Lodhi and District Kapurthala. A telephonic message was conveyed to the police station regarding this accident by C. Raj Kumar. SI Sher Singh along with C. Dalbir Singh reached at the place of the accident. He recorded the statement of complainant C. Rajbir Singh No. 2110 and made his endorsement thereupon and sent it to the police station, through C. Raj Kumar, whereupon the FIR of this case was registered at Police Station, East, Chandigarh by SI Gulshan Kumar. The appellant Jasbir Singh was detained by C. Rajbir Singh on the spot of accident, till the arrival of the police. He was handed over to the investigating Officer there at. The Investigating Officer SI Sher Singh commenced the investigation of this case. He prepared the rough site plan of the place of accident. He took into police possession the scooter No. PB-18-5702 along with registration book, vide separate recovery memo, which Crl. Revision No.127 of 2002 {4} was attested by C. Raj Kumar and C. Dalbir Singh. The Investigating Officer also took into police possession the by-cycle involved in this accident, vide separate recovery memo which was attested by the above referred witnesses. He effected the arrest of the appellant in this case by preparing his personal search memo at the time of his arrest. The appellant also sustained injuries in this accident and as such, he was got medically examined by the Investigating Officer, from the hospital and his M.L.R. was obtained by the Investigating Officer . The injured who was discovered as Kishori Lal succumbed to his injuries at General Hospital, Sector 16, Chandigarh, The Investigating Officer held inquest report on the dead body of Kishori Lal, He got the dead body post mortemed from General Hospital, Sector-16, Chandigrh by moving an application in this regard to the concerned doctor. The belongings of the deceased Kishori Lal, on completion of post mortem, were taken into possession vide separate memo prepared by the Investigating Officer, which was attested by C. Raj Kumar. The investigating Officer got the scooter involved in the accident mechanically tested. He also got the ownership of the offending scooter verified form the Registering Authority, Batala and Gurcharan Singh son of Santokh Singh resident of Dewani Bagh, Tensil Batala Crl. Revision No.127 of 2002 {5} and district Gurdaspur, was discovered to the owner of the scooter. The place of accident was also got photographed there at. On completion of investigation, the challan was presented against the appellant in the Court of Ilaqa Magistrate, Chandigarh, by the station House Officer, Police Station, East, Chandigarh.” Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely involved in this case. Accident in question had taken place on 2.12.1995 at about 9-00 p.m.. As per PW-1-Constable Raj Kumar, who was present on the spot on patrol duty, petitioner came driving Scooter No. PB-18-5702 at a fast speed and struck against the bicycle of the deceased . As a result, Kishori Lal suffered injuries and became unconscious. Petitioner-accused fled away from the spot after causing the accident. Injured was removed to the hospital where he succumbed to his injuries. Statement of PW-1 with regard to the manner of accident is duly corroborated by the Statements of Constable Rajbir Singh-PW-3 and Constable Raj Kumar- PW-4. The said witnesses had no enmity with the petitioner to involve him falsely in this case. Scooter of the petitioner was also recovered form the spot. Both the courts below have rightly convicted the petitioner under Sections 279, 304- A IPC and Section 3/181 of the Act after appreciating the evidence on record. The impugned judgments of the courts below regarding conviction of the petitioner under Sections 279, 304-A IPC and Section 3/181 of the Act calls for no interference. In view of the fact that the petitioner is facing criminal proceedings since the year 1995, it would be just and expedient to reduce Crl. Revision No.127 of 2002 {6} the sentence qua imprisonment of the petitioner under Section 304 A IPC from rigorous imprisonment from one year to rigorous imprisonment for six months. Accordingly, conviction of the petitioner as ordered by the courts below is maintained and sentence qua imprisonment under Section 304 IPC is reduced to rigorous imprisonment from one year to rigorous imprisonment for six months. The sentence qua offence under Section 279 IPC and Section 3/181 of the Act is maintained. Petition stands disposed of with the above modification. (SABINA) JUDGE May 01, 2009 PARAMJIT