CRR No.1916 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRR No.1916 of 2011 (O&M) Date of decision:- 25.08.2011 Raj Pal @ Raju ....Petitioner Vs. State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present:- Mr. Pawan Hooda, Advocate, for the petitioner. ***** A.N. JINDAL, J (ORAL) Notice of motion. Mr. Amit Rana, DAG, Haryana, accepts notice on behalf of the respondent-State. Assailed in this petition is the judgment dated 19.08.2011 passed by the Additional Sessions Judge, Sonepat, dismissing the appeal filed by the petitioner against the judgment of conviction dated 21.11.2009 and order of sentence dated 23.11.2009, passed by the Chief Judicial Magistrate, Sonepat. However, the Appellate Court had reduced the sentence from 1½ years to 1 year. The Courts below have given concurrent findings of fact that due to rash and negligent driving of the jeep by the petitioner, Birender Kumar had fallen down from the said jeep and CRR No.1916 of 2011 (O&M) 2 died. It is also in evidence that after he fell down, the jeep struck against the tail of the truck and the petitioner also suffered injuries. Therefore, it is duly proved on record that the accident had taken place on account of the rash and negligent driving of the petitioner, as a result of which, Birender Kumar died. The accused was apprehended at the spot and taken to the hospital. The jeep was also taken into custody. Therefore, question of mistaken identity does not arise. However, keeping in view the fact that the petitioner has been facing trial since 2002; he is having a family to support and he himself also suffered injuries in the accident, this petition is dismissed with the modification in the sentence and the same is reduced to 9 months, without any alteration in the sentence of fine. (A.N.JINDAL) 25th August, 2011 JUDGE ajp