IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Rev. No. 2234 of 2005 Date of Decision: February 17, 2009 Harjinder Singh ...........Petitioner Versus State of U.T. Chandigarh ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.D.S.Pheruman, Advocate for the petitioner. Mr.R.P.Verma,Advocate for UT Chandigarh. ** Sabina, J. Harjinder Singh-petitioner was convicted for an offence under Sections 279/337 of the Indian Penal Code (`IPC ' for short) and 185 of the Motor Vehicles Act, 1988 (`Act' for short) by the Judicial Magistrate First Class Chandigarh vide judgment dated 4.9.2000. Vide order of even date, petitioner was ordered to be released on probation on his furnishing probation bond in the sum of Rs.5000/- for a period of six months with one surety in the like amount and undertaking that the accused will keep peace and be of good behaviour during this period and will attend the Court as and when called upon to receive the sentence. Aggrieved by the same, petitioner preferred an appeal and the Additional Sessions Judge, Chandigarh vide order dated 18.3.2005 dismissed the appeal. Hence, the present revision petition. The brief facts of the case as noticed by the Appellate Court in para 2 of its judgment are as under:- "2. As it emerges from the final report submitted under Section Crl. Rev. No. 2234 of 2005 -2- 173 of the Code of Criminal Procedure (in short called as the Code hereinafter) and the documents appended therewith, the case of the prosecution is that Sewa Singh son of Mehar Singh, a chowkidar in Punjab Engineering College, Sector 12, Chandigarh was performing his duties at the main gate of the College that at about 8.45 p.m. he saw a vehicle make Gypsy coming from the intervening road of Sector 2 and 11 towards Engineering College being driven in a rash and negligent manner and driver of that Gypsy struck it against a scooter which was going on its correct side. As a result of the accident, the scooterist and the pillion rider fell on the road and received injuries. When Sewa Singh rushed towards them he found injured persons to be Dr.S.K.Jain and Gurdeep Singh, a Laboratary attendant. The scooter was being driven by Gurdeep Singh with S.K.Jain being on its pillion. The name of the driver of Gypsy came to be known as Harjinder Singh of Punjab Police who also sustained injuries in the same accident. Both of the injured Gurdeep Singh and S.K.Jain were removed to PGI MER, Chandigarh with the help of another chowkidar of the college. Sewa Singh nabbed the accused and handed him over to the police. Upon receiving this information of the accident, SI Raj Pal launched its investigations upon completion whereof challan was presented against the accused” Learned counsel for the petitioner has argued that the prosecution had failed to prove its case. No case was made out under Section 185 of the Act or under Sections 279/337 IPC. Learned counsel for the State, on the other hand, has Crl. Rev. No. 2234 of 2005 -3- submitted that the prosecution witnesses had duly supported the prosecution case and the conviction of the petitioner was liable to be upheld. Gurdeep Singh (PW2) has deposed that on 28.7.1995, he was driving Scooter No. CHI-7190 and Dr.S.C.Jain was sitting on the pillion seat. They were going from Engineering College to their house. At about 9.30, Gypsy bearing No. PB-8-F-2176 came from MLA Hostel side at a fast speed. He took his scooter towards his side but the Gypsy by coming on the wrong side of the road struck against his scooter. He as well as Dr.S.C.Jain suffered injuries. The Gypsy was driven by Harjinder Singh present in the Court. Sewa Singh (PW3) has duly corroborated the statement of Gurdeep Singh (PW2) with regard to the manner of accident. He further deposed that driver of the Gypsy also suffered injuries and was removed to the hospital. Although he did not identify the petitioner yet he admitted during cross-examination by the Public Prosecutor that his statement was recorded by the Police. In the said statement, he had stated that the name of the accused was Harjinder Singh. He also admitted that Harjinder Singh, accused was arrested in his presence. SI Raj Pal (PW4) has deposed that he reached the spot after the accident and recorded the statement of the witnesses. He also prepared rough site plan. He then went to PGI Chandigarh but the doctor declared injured Suresh Chander Jain as unfit to make the statement. Then, he went to General Hospital and obtained the MLR of Harjinder Singh. Petitioner was arrested by him. As per the Forensic Science Laboratory report Exhibit P-22) after examination of the blood and urine samples, alcohol was detected Crl. Rev. No. 2234 of 2005 -4- in both the samples. Thus, the prosecution has been successful in proving that, due to rash and negligent driving of the petitioner under the influence of liquor, injured had suffered injuries. Petitioner had also suffered injuries in the accident and was arrested after the accident. Accordingly, the Courts below had rightly convicted the petitioner under Sections 279/337 IPC and 185 of the Act. Petitioner was released on probation. Hence, the impugned judgments of the Courts below call for no interference. Accordingly, this revision petition is dismissed. ( Sabina ) Judge February 17, 2009 arya