IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.Revision. No. 1129 of 2007 Date of Decision: January 15, 2009 Avtar Singh ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: None for the petitioner. Mr.Amandeep Singh Rai, AAG Punjab. Sabina, J. Petitioner was convicted and sentenced under Sections 279, 338 of the Indian Penal Code (for short `IPC') vide judgment and order dated 25.3.2006 passed by the Sub Divisional Judicial Magistrate, Kharar. Petitioner was ordered to undergo rigorous imprisonment for 6 months and fine of Rs. 300/- under Section 279 IPC and to undergo rigorous imprisonment for 1 year and fine of Rs.600/- under Section 338 IPC. All the sentences were ordered to run concurrently. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed vide judgment dated 10.7.2007 by the Additional Sessions Judge, Fast Track Court, Ropar. Hence , the present revision petition. Prosecution case, in brief, as noticed by the appellate Court in para 2of its judgment, is as under:- “Brief facts of this case are that this case was registered on the statement of Pankaj Goyal, a resident of village Lalru, District Patiala recorded on 3.9.1999 at 7.55 P.M. His statement that he is doing a private business and today he alongwith his friend Rajesh Kumar, a resident of Lalru were going to Kiratpur Sahib via Landran-Kharar on a scooter bearing registration No. HR-01-F- Crl.Revision. No. 1129 of 2007 -2- 5779 of mark LML Vespa and the scooter was driven by Rajesh Kumar and complainant was a pillion rider. When they reached near village Sante Majra after crossing Landran then it was about 10.30 A.M. or 11.00 A.M. That a truck/tanker bearing registration No. GJ-6-V-7871 came from the Kharar side which was driven in a very high speed and rash and negligent and this truck was overtaking a vehicle and while overtaking took the truck to the wrong side of the road and struck the truck/tanker with the scooter of complainant and due to this accident the complainant and his friend fell on the road and complainant suffered injuries on his face, jaw and on the right eye and also suffered fracture of his right leg and also suffered injuries on the left shoulder and right side of his face and truck driver stopped his truck who told his name on enquiry as Avtar Singh son of Pritam Singh, a resident of village Dharak Kalan and both the injured were taken to Civil Hospital Kharar for treatment and from there they were referred to PGI Chandigarh where they are under treatment. The complainant further submitted that this accident has occurred due to the rash and negligent driving of truck/tanker driver and scooter of the complainant also suffered damage. So action be taken against the accused.” I have gone through the record of the case with the assistance of the learned counsel for the State. The accident in question had taken place on 3.9.1999. Complainant-Pankaj Goyal was travelling on Scooter driven by Rajesh Kumar from Lalru through Kiratpur Sahib. Complainant was sitting on the pillion side. At about 10.30 A.M. when they reached near Crl.Revision. No. 1129 of 2007 -3- village Sante Majra, offending truck came from Kharar side driven by the petitioner and by coming on the wrong side of the road, it struck against the scooter on which the complainant was travelling. As a result of which, Rajesh Kumar and complainant suffered injuries. Both the complainant- Pankaj Goyal and Rajesh Kumar, appearing as PW6 have duly proved the prosecution case. As per Exhibit D1, medico legal case summary proved on record, Pankaj had suffered fracture of mandible and the nature of injury was declared to be grevious. Statement of DW1-Sukhdev Singh fails to rebut the testimony of the complainant and injured-Rajesh Kumar with regard to the manner of the accident. Both the complainant and injured-Rajesh Kumar had no enmity against the petitioner to involve him falsely in this case. Statements of PW5 and PW6, with regard to the manner of the accident, inspire confidence. Prosecution has also proved on record the photographs with regard to the accident in question. Truck in question can be seen lying at the spot. Accordingly, the Courts below had rightly convicted the petitioner under Sections 338, 279 IPC and conviction of the petitioner is maintained. However, keeping in view the facts and circumstances of this case, sentence of imprisonment under Sections 279 and 338 IPC is reduced to as already undergone by the petitioner. With this modification, the present revision petition stands disposed of. ( Sabina ) Judge January 15, 2009 arya