Criminal Revision No.2641 of 2008 (O&M) [1] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... CRIMINAL REVISION No.2641 OF 2008 Decided on : January 21, 2010 Ramesh Kumar ... Petitioner VERSUS The State of Haryana ... Respondent CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Rakesh Nehra, Advocate for the petitioner. Mr.Rajiv Malhotra, Additional Advocate General for the respondent – State of Haryana. A.N.JINDAL, J.- The accused – petitioner Ramesh Kumar (herein referred as `the accused') was tried for allegedly causing two deaths and rendering 25 persons injured by his rash and negligent act, while driving Tata-407 bearing Reg.No.DL-1LC-1102. Consequently, vide judgment dated 23.8.2006 passed by Judicial Magistrate Ist Class, Fatehabad, he was convicted and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.500/- u/s 279 of the Indian Penal Code, to undergo rigorous imprisonment for six months and to pay fine of Rs.250/- u/s 337 IPC and to undergo rigorous imprisonment for one year and to pay fine of Rs.250/- u/s 304-A IPC. All the sentences were ordered to run Criminal Revision No.2641 of 2008 (O&M) [2] concurrently. The case relates to the sordid story of a driver, who unauthorisedly carried 48 passengers in his Canter (Tata-407) and drove the same so ruthlessly that it turned turtle, resulting into two casualties and leaving 25 persons as injured. The version as set up by Ram Deva (PW8), one of the occupants of the Canter is that on 24.10.1998, at about 4.00 PM, he along with his brother Net Ram, wife Birmati and daughters Sheema and Promila and son of Vikas and son-in-law Ram Chander, as also other persons, namely; Om Parkash, Babu Lal, Hira Lal, his niece Anita and several other persons had boarded the offending vehicle for going to Dera Sacha Sauda, Sirsa. The driver (accused) was driving the vehicle rashly and negligently and did not slow down the speed despite the requests made by the passengers. When it was one or two kilometers ahead Fatehabad, a police personnel signalled the accused to stop the canter, but he instead, increased its speed. Resultantly, it turned turtle. Resultantly twenty-seven persons were injured, out of whom Hira Lal and Anita, succumbed to their injuries. The case was registered and was investigated. On presentation of the challan, the accused was challaned under the aforesaid Sections, to which he pleaded not guilty and claimed trial. In order to substantiate the charges, the prosecution examined Dr.D.I.Bansal (PW1), Dr.J.S.Grewalas (PW2), Dr.D.K.Dhandhich (PW3), HC Khayali Ram (PW4), Subhash Kumar Mechanic (PW5), Dr.N.Chakarwarti (PW6), Subhash (PW7), Ramdewa (PW8) and Sumer Criminal Revision No.2641 of 2008 (O&M) [3] Chand (PW9). When examined under Section 313 of the Code of Criminal Procedure, the accused denied all the incriminating circumstances appearing against him and pleaded his false implication in the case. In his defence, he examined Ranbir Singh (DW1) and Rajender Singh (DW2). In order to prove the element of rashness and negligence on the part of the accused, Ramdewa (PW8) has confirmed the allegations set up in the FIR. He was a conductor in the Haryana Roadways, Jhajjar. On that day, he was accompanying the other passengers going to Dera Sacha Sauda in the offending Canter. He has given the minute details of the occurrence, while stating that the accused was driving the offending vehicle at a very fast speed and in a negligent manner from Hisar. Despite repeated requests made by the witness and one Sumer Chand, he did not pay any heed and when they were about one/two kilometers away from Fatehabad, the accused, without caring of the signal of the officials occupying Police gypsy, speeded the offending vehicle in order to avoid himself of being trapped by the police. Resultantly, the Canter turned turtle and the persons suffered injuries. Sumer Chand (PW9) has fully supported the aforesaid version. Their testimonies stand corroborated by the medical evidence. No such discrepancy could be found, which could help this Court to make observations against the reliability and credibility of the aforesaid witnesses. The accused was rash and negligent, inasmuch as he did not bother that the Canter was not meant for carrying the passengers and he was taking the persons unauthorisedly in the Canter. He was well aware that the said vehicle was meant for transporting goods and not for carrying Criminal Revision No.2641 of 2008 (O&M) [4] passengers. Obviously, he did not stop the vehicle on getting the signal by the police officials, knowing fully well that he could be reprimanded by the police for carrying passengers in a transport vehicle. Therefore, while trying to run away at a uncontrollable speed, the Canter turned turtle, as a result of which 27 persons were injured, out of which two succumbed to their injuries. Ranbir Singh (DW1) and Rajender Singh (DW2) could not be believed as there are contradictions in their statements and it appears that the accused – petitioner introduced them to give an afterthought version. Earlier, they never came with such a plea. Thus, the conviction of the accused needs no interference. As regards the quantum of sentence, the accused being irresponsible, ruthless and indisciplined driver drove the vehicle so rashly as to cause injuries to numerous persons and also killing two persons out of them, does not deserve any leniency on the quantum of sentence. He, while carrying the passengers in a transport vehicle and that too while driving it rashly and negligently at a very high speed, ignored the advice of the passengers as also the signal of the police personnel. As such, no interference is called for, on the point of sentence. Resultantly, the revision fails and the same is hereby dismissed. ( A.N.JINDAL ) JUDGE The 21st day of January, 2010 `gian'