Crl. Revn. No. 423 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revn. No. 423 of 2011 (O&M) Date of decision:- 20.05.2011 Krishan Kumar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sanjay Vashisht, Advocate for the petitioner Mr. Kshitij Sharma, A.A.G, Haryana Mr. Sumit Sangwan, Advocate for respondent Nos. 2 to 5 RITU BAHRI J.(Oral) The present revision petition has been filed against the impugned judgment dated 21.01.2011 passed by Additional Sessions Judge-II, Bhiwani upholding the judgment dated 19.11.2009 passed by Sub Divisional Judicial Magistrate, Loharu convicting the petitioner to undergo rigorous imprisonment for a period of six months under Section 279 IPC and to pay a fine of Rs.500/- and in default of payment of fine shall further undergo imprisonment for a period of two months, to undergo rigorous imprisonment for a period of six months under Section 337 IPC and to pay a fine of Rs.500/- and in default of payment of fine shall further undergo imprisonment for a period of two months, to undergo rigorous imprisonment for a period of two years under Section 338 IPC and to pay a fine of Rs.1000/- and in default of payment of fine shall further undergo Crl. Revn. No. 423 of 2011 (O&M) -2- imprisonment for a period of two months and to undergo rigorous imprisonment for a period of two years under Section 304-A of IPC and to pay a fine of Rs.1000/- and in default of payment of fine shall further undergo imprisonment for a period of two months. Brief facts of the case are that on 07.05.2007, the complainant had gone to Loharu along with Bhushan Kumar and Karan Singh in a Maruti Esteem Car bearing No. DL 9CK/1481. At about 2.3 P.M., a canter bearing No. HR-67/7311 of red colour came from the opposite side. It came on the wrong side of the road. Bhushan Kumar was driving the car and tried his best to avoid the accident by taking the car on the kachha portion of the left side of the road. The car was badly damaged and all the three occupants received injuries. The driver of the canter sped away from the place of accident after leaving behind the canter at the spot. Bhushan Kumar had received grievous, multiple and serious injuries and he succumbed to injuries when he was taken to Bhiwani for treatment from the place of accident. The complainant and Karan Singh were got admitted in General Hospital, Bhiwani after arranging a vehicle. Thereafter, FIR was lodged by the complainant. After registration of the FIR, investigation was carried out and challan under Section 173 Cr.P.C was filed in the Court of Illaqa Magistrate against the accused to face trial under Sections 279, 337, 338 and 304-A of IPC. Thereafter, prosecution led its evidence and examined witnesses and tendered complaint Ex P-1, memo recovery of the vehicle Ex. PW5/A, mechanical reports of Canter, mechanical reports of Maruti Esteem Car, Photographs Ex.P-1 to P-4, negatives Ex. P-5 to P-8, post mortem report Ex.P9, MLR of Karan Singh and Deepak Ex.PW10/A and Ex. PW10/B, ruqqa Ex.PW10/C, opinion of the doctor Ex.PW10/D in Crl. Revn. No. 423 of 2011 (O&M) -3- documentary evidence. After recording of the statement of the accused under Section 313 Cr.P.C, he has been held guilty and have been sentenced for various offences. The judgment of the trial Court has been upheld as Additional Sessions Judge-II, Bhiwani had not found any illegality and infirmity in the impugned judgment dated 19.11.2009 by holding that the accident had taken place due to rash and negligent driving by the accused. He has further held that by taking into consideration the age, character and antecedents of the accused and also the manner in which the accident had taken place, the accused do not deserve any sympathetic view of releasing him on probation. Counsel for the petitioner has argued that the accused there was no intention of the accused to cause the accident. He ha placed on record the judgment of MACT, Delhi whereby the compensation of Rs.8,24,272/- has been given to the legal heirs of the deceased. In compliance of order dated 12.05.2011, counsel for the petitioner has given draft bearing No. 002103 dated 18.05.2011 of Rs.50,000/- to learned counsel for the respondents, which is in the name of widow of the deceased. However, the judgments of both the Courts below do not suffer from any legal infirmity and are hereby upheld. However, a lenient view can be taken on the quantum of sentence of the petitioner. The petitioner had already undergone for almost 1 months 18 days up to 10.03.2011 as per custody certificate. In view of the above, a direction is given that the petitioner be released on probation for a period of one year to the satisfaction of CJM/Duty Magistrate, Bhiwani. However, the compensation which was Crl. Revn. No. 423 of 2011 (O&M) -4- awarded by the trial Court to injured (Deepak and Karan) is enhanced from Rs. 10,000/- to Rs. 15,000/- which the petitioner will pay to them. In view of the above, the petition stands disposed of. May 20, 2011 ( RITU BAHRI ) G.Arora JUDGE