Criminal Revision No.1190 of 2004 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No.1190 of 2004 Date of Decision: 30.4.2009 Gurinder Pal Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. J.B.S.Gill, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Gurinder Pal Singh son of Tarsem Singh, resident of village Haveli, Police Station Mahilpur, District Hoshiarpur, has filed the present revision petition. Petitioner Gurinder Pal Singh was convicted and sentenced under Section 304-A IPC by the Court of the Judicial Magistrate Ist Class, Hoshiarpur, to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/-, in default whereof to further undergo rigorous imprisonment for 15 days. Petitioner was also convicted and sentenced under Sections 279 & 337 IPC to undergo rigorous imprisonment for three months. He was also convicted and sentenced under Section 338 IPC to undergo rigorous imprisonment for four Criminal Revision No.1190 of 2004 2 months. All the sentences were ordered to run concurrent. Aggrieved against the order of Judicial Magistrate Ist Class, Hoshiarpur, the petitioner had filed an appeal. The appeal was decided by the Court of Additional Sessions Judge, Hoshiarpur. The appeal preferred by the petitioner was dismissed. Conviction and sentence awarded by the trial Court were upheld. Briefly stated, the prosecution case is that on 10.2.2009, an information was received in the Police Station, Model Town, Hoshiarpur that one Sony son of Harbhajan Singh, resident of Village Rajpur Bhaian, died in Civil Hospital on account of roadside accident. Having received this information, PW.7 Dharamvir, Assistant Sub Inspector, along with his companion police officials reached Civil Hospital, Hoshiarpur, where he recorded statement Ex.PB of Sewa Singh, complainant. In his statement, Sewa Singh, complainant, stated that on 10.2.2009, in the morning, he on his Scooter No. PB-07-7922 and his nephew Parminder Singh alias Soni along with Charanjit Singh son of Surinder Singh, on Scooter No. PAW-9026, were going from their village towards village Mona Kalan. It was further stated that Parminder Singh was driving Scooter, whereas Charanjit Singh was on the pillion seat and they were going about 50 yards ahead of Sewa Singh. At 8.00 A.M., when hey reached near village Mona Kalan, a tractor-trailer, make Swaraj of blue colour bearing registration No. HR-05-B-2866 being driven by a young person in rash & negligent manner and without blowing horn, rammed into the Scooter of Parminder Singh alias Soni, deceased. Due to this collision, both driver and pillion rider of the Criminal Revision No.1190 of 2004 3 Scooter fell down on pucca road. After parking his tractor-trailer on kacha road, its driver alighted. Sewa Singh, complainant, after parking his scooter, ran towards Parminder Singh alias Soni and Charanjit Singh. Sewa Singh found that Parminder Singh alias Soni had suffered injuries in his head, left eye and right leg, whereas Charanjit Singh had suffered injury in his right leg. On query made by Sewa Singh, the driver of the tractor disclosed his name as Gurinder Pal Singh son of Tarsem Singh, resident of village Haveli, Police Station Mahilpur and on pretext of fetching water he fled away from the spot. Both Parminder Singh alias Soni and Charanjit Singh were got admitted in the Civil Hospital by complainant Sewa Singh and his brother Bagicha, where Parminder Singh alias Soni had succumbed to his injuries. Sewa Singh, complainant, further stated that the accident had taken place due to rash & negligent driving of tractor by the petitioner. FIR was investigated. Report under Section 173 Cr.P.C. was submitted. Petitioner was charged for the offences to which he pleaded not guilty and claimed trial. In order to prove its case, prosecution had examined Dr. Davinder Singh as PW.1, who conducted autopsy on the dead body of Parminder Singh alias Soni and submitted his report Ex.PA. Sewa Singh, complainant, was examined as PW.2, who reiterated the version as stated in his statement Ex.PB. Charanjit Singh, injured-eye witness, was examined as PW.3, who corroborated the version of PW.2 Sewa Singh, complainant. Karam Singh, Constable, was examined as PW.4, who had mechanically tested Tractor bearing registration No. HR-05-B-2866 and Criminal Revision No.1190 of 2004 4 submitted his report Ex.PW.4/A. Dr. Surinder Kaur was examined as PW.5 who, on 20.2.1999, had radiologically examined PW.2 Charanjit Singh and submitted his report Ex.P4. Dr.J.S. Dhami was examined as PW.6, who had medicolegally examined PW.2 Charanjit Singh. Dharamvir Singh, Assistant Sub Inspector, was examined as PW.7. He is the Investigating Officer of the case. Amarjit Kaur and Ajay Kumar, were examined as PW.8 and PW.9, respectively. Thereafter, the prosecution closed its evidence. Statement of accused under Section 313 Cr.P.C. was recorded and all the incriminating evidence was put to him. Mr. J.B.S.Gill, Advocate, appearing for the petitioner has submitted that he will not be in a position to assail conviction of the petitioner and shall confine his prayer to reduction of the sentence. It is further submitted that in the present case, occurrence had taken place in the year 1999. Petitioner has suffered a protracted trial of more than ten years. It is further submitted that petitioner is the only bread-winner of his family. Counsel further submitted that petitioner has not committed any offence before registration of the case and thereafter. Mr. Gill has further submitted that petitioner is ready and willing to compensate the family of deceased. The appeal of the petitioner was dismissed. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, has placed on record custody certificate of the petitioner. According to custody certificate, petitioner has undergone three months & 16 days of Criminal Revision No.1190 of 2004 5 his actual sentence. Taking into consideration protracted trial, antecedents and the fact that the petitioner has undergone three months & 16 days of his actual sentence, I am of the view that sentence awarded upon the petitioner can be reduced to already undergone. However, sentence of fine is enhanced to Rs.35,000/-. The amount of fine shall be deposited in the trial Court within three months from the date of receipt of certified copy of the order. The amount of fine so deposited shall be disbursed to the legal heirs of the deceased. In case the enhanced amount of fine is not deposited, no benefit in reduction of sentence shall accrue to the petitioner. With these modifications, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge April 30, 2009 “DK”