Crl. Rev. No. 696 of 2004 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Rev. No. 696 of 2004 Date of Decision: Dec. 14,2009 Pardeep Kumar ....................................... Petitioner Versus The State of Haryana............................... Respondent Coram: Hon'ble Mr.Justice Ashutosh Mohunta Present: Mr. H.S.Saini, Amicus-curiae for the petitioner. Mr. M.S.Sindhu, Addl. A.G. Haryana. ... ASHUTOSH MOHUNTA, J. (Oral) The petitioner has impugned the judgment dated 7.12.2002 and the order dated 9.12.2002 passed by the Judicial Magistrate Ist Class, Rewari, vide which he was convicted under Sections 279 and 338 IPC and was sentenced to undergo rigorous imprisonment for six months under Section 279 IPC with a fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month. The petitioner was further sentenced to undergo rigorous imprisonment for one year and to Crl. Rev. No. 696 of 2004 [ 2 ] pay a fine of Rs.1,000/- for offence punishable under Section 338 IPC. The petitioner filed an appeal which had been dismissed by the Additional Sessions Judge, Rewari, vide judgment dated 16.2.2004. Briefly the facts of the case are that on 30.8.1997 at about 3:00 P.M. the complainant-Nand Kishore, who was working as a Cleaner on bus No. HR-47-2898 and was assisting the driver Pardeep Kumar to park the bus at the bus stand Dharuhera, signalled the driver to stop the bus, but the driver did not pay any heed to the signal and instead rammed the side of the bus into Nand Kishore due to which he fell down and suffered injuries. Both the wheels of the bus rolled over the legs of Nand Kishore. The accident took place due to the negligence of the driver Pardeep Kumar and on the statement of Nand Kishore, a case was registered against the petitioner. The injured was removed for treatment to PGIMS, Rohtak, where he succumbed to his injuries on 24.9.1997 i.e. after a period of about one month from the date of accident. On the basis of the statement made by Nand Kishore, a case under Section 279 and 338 IPC was registered initially against the petitioner and after the death of the complainant, Section 304-A IPC was added. Before the trial Court, the prosecution examined PW4 Chhotu who had seen the entire occurrence. He deposed that the bus was being driven without any care and the bus driver struck Crl. Rev. No. 696 of 2004 [ 3 ] the bus into the complainant and both the wheels of the bus ran over the complainant Nand Kishore. Apart from the statement of PW4, the prosecution also examined Dr. Vinod Kumar as PW1, who submitted the medical report of the injured. He deposed with regard to the injuries suffered by the deceased Nand Kishore. On the basis of the evidence led by the prosecution, the trial Court convicted the petitioner under Section 279 and 338 IPC and sentenced him as mentioned in the opening paragraph. The petitioner was, however, acquitted of the charges under Section 304-A IPC. The appeal filed by the petitioner was dismissed by the Additional Sessions Judge, Rewari, vide judgment dated 16.2.2004. Counsel for the petitioner submits that he does not challenge the findings of both the Courts below as far as the conviction under Sections 279/338 IPC is concerned. He further submits that the petitioner was reversing the bus on the signal being given by Nand Kishore, who was working as a Cleaner of the bus. However, the signal was not clear because of the chaos at the bus stand Dharuhera as a result of which he continued to reverse despite the signal being given by Nand Kishore and hit the side of the bus into him due to which wheels of the bus rolled over the legs of Nand Kishore. Learned counsel further submits that the deceased did not die because of the injuries suffered by him due to the rolling of the wheels of the bus over him but died almost 24 days after the accident. Learned counsel further Crl. Rev. No. 696 of 2004 [ 4 ] submits that the post-mortem of the deceased was not conducted. Learned counsel lastly submits that the petitioner has suffered a long and protracted trial inasmuch as the alleged accident took place on 30.8.1997 and as more than 12 years have elapsed, therefore, a lenient view be taken while sentencing the petitioner. Counsel for the State, however, submits that the petitioner does not deserve any leniency in the matter of sentence as because of his rash and negligent act and driving, he had caused the death of the Cleaner of the bus, namely, Nand Kishore. I have heard the counsel for the parties at length. A perusal of the aforementioned facts shows that the offending vehicle which was being driven by the petitioner, who was reversing the offending vehicle, had run over the legs of the deceased Nand Kishore. The accident took place at bus stand Dharuhera and, therefore, the bus was obviously at a very slow speed as the vehicle was being reversed for parking. The petitioner has already suffered a long and protracted trial of more than 12 years. In view of the above, I uphold the conviction of the petitioner under Sections 279 and 338 IPC. However, the sentence of the petitioner is reduced to the one already undergone by him subject to the condition that he shall pay compensation of Rs.75,000/- to Jai Singh, father of the Crl. Rev. No. 696 of 2004 [ 5 ] complainant-Nand Kishore, who died in the accident. The compensation shall be deposited before the trial Court within a period of three months from the date of receipt of a certified copy of this order and the same shall be disbursed to the father of the deceased and in case the father is not alive, then to the next of kin of the deceased. In case, the petitioner does not deposit the compensation as imposed by this Court within the stipulated period mentioned above, the benefit of reduction in sentence shall not accrue to the petitioner and he shall taken into custody forthwith to serve out the sentence as imposed by the Courts below. Revision is disposed of. Copy of the judgment be sent to the petitioner at the address given in the memo of parties. 14.12.2009 ( ASHUTOSH MOHUNTA ) Rupi JUDGE