Criminal Revision No.903 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Revision No.903 of 2009 Date of Decision:22.10.2009 Ganesh Giri .....Petitioner Vs. Union Territory Chandigarh .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. B.S. Bisht, Advocate for the petitioner. None for U.T., Chandigarh. **** JUDGMENT HARBANS LAL, J. This revision is directed against the judgment dated 9.3.2009 passed by the Court of learned Additional Sessions Judge, Chandigarh, whereby he dismissed the appeal preferred by Ganesh Giri accused against the judgment dated 30.3.2005/ order of sentence dated 31.3.2005 rendered by the Court of learned Judicial Magistrate Ist Class, Chandigarh vide which he convicted and sentenced the aforesaid accused to undergo rigorous imprisonment for a period of six months under Section 279 of IPC and also sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.200/- under Section 304-A of IPC or in default of payment of the same, to further undergo rigorous imprisonment for 15 days with a further direction that all the sentences shall run concurrently. Criminal Revision No.903 of 2009 -2- The facts in brief are that on 6.6.2000 Kuki made a statement before Sub Inspector Jai Singh in the terms that at about 4:45 P.M, she along with Jamna daugther of Kishan and Rekha since deceased was standing away from the road on kacha path. In the meantime, a car bearing registration No.MH06-C-5113 being driven by accused rashly and negligently came and hit Rekha from behind. She fell down and and later on, succumbed to the injuries in the hospital. On this statement, the case was registered. The accused was arrested. After completion of investigation, the charge-sheet was laid in the Court for trial of the accused. The accused was charged under Sections 279/304-A of IPC to which he did not plead guilty and claimed trial. To bring home guilt against the accused, the prosecution examined Kuki complainant PW1, Jamna PW2, Constable Davinder Singh PW3, Constable Dalbir Singh PW4, HC Babu Lal PW5, Jasso PW6, Ramesh PW7, Sub Inspector Jai Singh PW8, Constable Raj Pal PW9, Kishan Chand PW10, Dr. Adarsh Kumar PW11 and closed its evidence. When examined under Section 313 of Cr.P.C, the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded innocence as well as false implication. In his defence, he examined Devinder Giri DW1. After hearing the learned Assistant Public Prosecutor for the State, the learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling aggrieved therewith, he preferred an appeal, which was dismissed by the Court of learned Additional Sessions Judge, Chandigarh. Being undaunted and dissatisfied with the judgments recorded by both the Criminal Revision No.903 of 2009 -3- Courts below, he has preferred this revision. I have heard the learned counsel for the petitioner, besides perusing the record with due care and circumspection. Realising that he won't be able to persuade the Court to take a view contrary to the findings returned by both the Courts below, Mr. B.S. Bisht, Advocate counsel for the petitioner submitted that he does not wish to assail the conviction recorded by the lower Courts in any manner. On perusing the evidence of the prosecution with due care and caution, it transpires that no holes can be picked in the findings recorded by the said Courts. Consequently, the conviction is upheld. Counsel for the petitioner maintained that the sentence of the accused may be reduced to the already undergone. This incidence is more than 9 years old. The petitioner is facing the agony of trial since 2000. In re: Santokh Singh v. State of Punjab, 2006(1) Recent Criminal Reports (Criminal) 834, the accused was convicted under Section 304-A of IPC for causing the death of a person by rash and negligent driving and was sentenced to nine months rigorous imprisonment. He had remained in custody for 15 days. The incident being 17 years old, he was released on probation. In re: Vaswa Nand v. State, 2001 (4) Recent Criminal Reports (Criminal) 784, the accused was convicted and sentenced under Sections 279/338/304-A of IPC. He had faced trial for 15 years. Taking into consideration this fact, he was released on probation. In the instant case, the petitioner while on bail during pendency of this revision did not make misuse of this liberty. Kuki PW1 at the fag end of his cross-examination has stated that the insurance claim has been received by father of the Criminal Revision No.903 of 2009 -4- deceased. In peculiar circumstances of the case, the sentence of the petitioner is reduced to the already undergone (1 month and 10 days). With this modification in the order of sentence, this revision fails and is dismissed. October 22, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No