Criminal Revision No.1485 of 2001 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No.1485 of 2001 (O&M) Date of decision: 15.01.2009 Manohar Lal ......Petitioner Versus State (Chandigarh Administration) .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Saroj Molekar, Advocate, for Mr.Deepak Agnihotri, Advocate, for the petitioner. Mr.Rajiv Sharma, Advocate, Standing Counsel for U.T.Chandigarh. **** SABINA, J. Manohar Lal-petitioner was convicted under Sections 279 and 304-A of the Indian Penal Code (“IPC”- for short) passed by the Judicial Magistrate, Ist Class, Chandigarh vide judgment and order dated 21.7.1995. Aggrieved by the same, the petitioner preferred an appeal, which was dismissed by the Additional Sessions Judge, Chandigarh vide judgment and order dated 27.9.2001. However, the Appellate Court reduced the sentence of imprisonment Criminal Revision No.1485 of 2001 (O&M) 2 from six months to three months under Section 279 IPC and further reduced the sentence of rigorous imprisonment from a period of two years to one year under Section 304-A IPC. Prosecution case, as noticed by the Appellate Court in para 2 of its judgment, is reproduced herein below:- “The brief facts of the case of the prosecution leading to the conviction of the appellant in the Court below are to the effect that on 27.10.1991, a telephonic message was received at Police Station, Sector 31, Chandigarh that an accident of a cycle and car had taken place at chowk of poultry farm, Chandigarh. SI Bhajan Singh along with other police officials reached there. One Manjit Singh son of Jaswant Singh resident of SCF No.18, Sector 27-C, Chandigarh met him there at. He made his statement to SI Bhajan Singh to the effect that in the evening on 27.10.1991, he was coming back from Ram Darbar, Phase II, Industrial Area, Chandigarh, after doing his private job. That when he reached near the round about of Poultry farm, a Hindu gentleman was driving a car at that time. The car being driven by him, was coming at a fast speed, without blowing any horn, from the side of Zirakur. That the speeding car as Criminal Revision No.1485 of 2001 (O&M) 3 referred to above struck against the cyclist, who was crossing Poultry farm chowk, from the side of Phase-II, Industrial Area. That the car struck into the cyclist and the cyclist fell down and the car dragged the cycle and car ascended and the driver of the car stopped the car and disclosed his name as Manohar Lal son of Ram Gopal, resident of House No.8/448-449, Khichri Colony, Delhi. That the complainant Manjit Singh noted the number of the car as HR-37-T-0116. The people collected there at and in the meantime, Manohar Lal, driver of the Car No. HR-37-T-0116 ran away along with the car. The cyclist was bleeding from his head, as he sustained multiple injuries. In the meantime, a Gypsy of police, came there and the cyclist-injured was removed to the hospital. The complainant disclosed the number of the offending car to the police officials of the Gypsy. The complainant further stated that this accident had taken place due to rash and fast driving with negligence of driver Manohar Lal, the driver of the above referred car. SI Bhajan Singh made his endorsement on the statement of the complainant and sent it to Police Station, Sector, Sector 31, Chandigarh. SI Hardev Singh made his endorsement on ruqa and recorded the FIR of this case at Police Station, Sector 31, Chandigarh.” Criminal Revision No.1485 of 2001 (O&M) 4 Complainant Manjit Singh (PW-6), while appearing in the witness box has proved the prosecution case with regard to the manner of accident. He has also deposed that after the accident the driver of the car disclosed his name as Manohar Lal. The car had struck against the bicycle on which the deceased was travelling due to its (car’s) rash and negligent driving. The said witness had no enmity against the petitioner to involve him falsely in this case. The prosecution has also proved on record the site plan prepared at the spot by the Investigating Officer, from which it is evident that the car had dragged the cyclist to some distance after the accident. The photographs also reveal that the car in question was recovered from the spot. Dr.Dalbir Singh (PW-1) has proved the postmortem examination report with regard to the deceased. In these circumstance, the conviction of the petitioner under Sections 279 and 304-A IPC is maintained. However, keeping in view the fact that the accident had occurred on 27.10.1991, it would be just and expedient to reduce the sentence of imprisonment to as already undergone by the petitioner. Accordingly, the sentence of imprisonment of the petitioner is reduced to as already undergone by him. With this modification, this revision petition is disposed of. (SABINA) JUDGE January 15, 2009 anita