IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 2030 of 2005 Date of decision: December 02, 2010 Rai Singh .. Petitioner Vs. State of Punjab .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Veneet Soni, Advocate for the petitioner. Mr. Amit Chaudhary, AAG, Punjab for the respondent. A.N. Jindal, J Challenge made in this petition is to the judgment dated 22.10.2005 passed by the learned Sessions Judge, Fatehgarh Sahib, dismissing the appeal filed by the accused- petitioner (herein referred as, 'the petitioner') against the judgment dated 3.2.2004 passed by the Chief Judicial Magistrate, Fatehgarh Sahib, convicting and sentencing him to undergo rigorous imprisonment for six months under Section 279 IPC and rigorous imprisonment for one year and to pay fine of Rs.500/- under Section 304-A IPC. In nutshell, the allegations are that on 7.12.2000 at about 7.10 p.m. the complainant Kashmir Chand (herein referred as, 'the complainant') was going to Morinda on a private bus bearing registration No.PB-13-E- 2137. When the said bus reached near the bus stand Wazidpur, a mule-cart was going ahead of them. The petitioner tried to overtake the said mule-cart and in that process it struck against the scooter bearing registration No.PB- 23-A-6845 coming from Nogawa side. The scooterist succumbed to the injuries. On the basis of the aforesaid statement, a formal FIR was registered and investigated. On submission of the report under Section 173 Cr.P.C. the accused was charged under Sections 279/304-A IPC to which he pleaded not guilty and claimed trial. In order to substantiate the charges, the prosecution examined Kashmir Chand (PW1), Baljit Singh (PW2), Dr. S.K. Sharma (PW3), Neelu Criminal Revision No. 2030 of 2005 -2- Ram (PW4), Karam Singh (PW5), HC Gurmail Singh (PW6), Malkiat Singh (PW7), Ajaib Singh (PW8), Naresh Kumar (PW9) and Pammi Sharma (PW10). When examined under Section 313 Cr.P.C. the accused denied all the incriminating circumstances appearing against him and pleaded his false implication in the case. However, no evidence was led in defence. The trial resulted into conviction. His appeal also failed. Arguments heard. Record perused. The case is based on the testimony of Kashmir Chand (PW1) and Baljit Singh (PW2). Both have consistently stated that on the fateful day, the offending bus had struck against the scooter, as a result of which the scooter struck against the shisham tree. Both of them have further testified that the petitioner was rash and negligent in driving the bus. Both the courts below have appreciated the evidence in the right perspective. No illegality much less irregularity or perversity has been detected in the conduct of trial and the procedure, which may render the judgment as invalid warranting interference by this court, has been pointed out. As such, no ground for interference is made out. Even otherwise, the file reveals that the appeal filed by the accused was dismissed on 22.10.2005 and the sentence was not suspended by this Court thereafter, therefore, it appears that the petitioner must have already undergone the entire sentence. For the foregoing reasons, finding no merit in the petition the same is dismissed. December 02, 2010 (A.N. Jindal) deepak Judge