Criminal Revision No.2061 of 2008 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No.2061 of 2008 (O&M) Date of decision: 07.01.2009 Ishwar Singh ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. J.S.Sandhu, Advocate, for the petitioner. Mr.Sidharth Sarup, AAG, Haryana. **** SABINA, J. The petitioner was convicted under Sections 279 and 304-A of the Indian Penal Code (“IPC”- for short) vide judgment dated 8.2.2006 by the Sub Divisional Judicial Magistrate, Hansi. Vide order dated 9.2.2006, the petitioner was sentenced to undergo rigorous imprisonment for six months and fine of Rs.500/- under Section 304-A IPC and was sentenced to undergo rigorous imprisonment for three months and fine of Rs.500/- under Section 279 IPC. Both the sentences were ordered to run concurrently. Criminal Revision No.2061 of 2008 (O&M) 2 Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed vide judgment dated 5.9.2008 by the Additional Sessions Judge, Hisar. Hence, the present revision petition. Prosecution case as noticed by the Appellate Court in para 2 of its judgment is reproduced herein below:- “Brief facts of the present case are this that the present FIR was lodged on the statement of Daria Singh son of Rajmal, resident of Garhi wherein it has been stated that on 18.8.1997 at about 4.30 /5.00 p.m. he was grazing his buffaloes near G.T.Road along side the kacha path leading to village Jamavri and Hoshiar Singh son of Tiku Ram was also talking with him and in the meanwhile from the side of their village. Dinesh son of Balwan who was going to the village from the kacha path when reached near the left side of road, in the meanwhile a bus bearing registration No.HR-38A/0809 of Haryana Roadways Gurgaon Depot which was being driven by its driver at a very fast speed, rashly and negligently and without blowing horn came and hit Dinesh and he fell down on the road. He along with Hoshiar Singh reached there but Dinesh had died due to the injuries in accident. The driver of the Bus namely Ishwar Singh who was known to him previously has stopped the bus about 50-60 steps away from the place of occurrence and fled away from Criminal Revision No.2061 of 2008 (O&M) 3 there after leaving his bus. He left Hoshiar Singh at the spot and went to Police and got recorded his statement.” Learned counsel for the petitioners has argued that the identity of the petitioner had not been established in this case. There was no report of the mechanic that the vehicle in question was involved in the accident. Learned State counsel, on the other hand, has submitted that the prosecution had been successful in proving its case. Occurrence in the present case had taken place on 18.8.1997 at about 4.30/5.00 P.M. Deceased Dinesh was hit by bus No. HR 38-A/0809 of Haryana Roadways, Gurgaon Depot driven by the petitioner. As a result of this Dinesh died at the spot. The photographs of the place of occurrence also reveal that the bus in question stopped at some distance from the place of accident. The bus was taken in possession from the place of occurrence/accident. Ex.PW 3/A is the report of the mechanic which reveals that the indicator lights of the bus were broken. As per the duty roster Ex.PW 9/A, the petitioner was on duty with the offending bus. Eye witnesses Hoshiar Singh and Dariya Singh have duly proved the manner of accident. Both the witnesses have duly identified the petitioner. The eye witnesses had no reason to falsely involve the petitioner in this case. In these circumstances, the learned trial Court has rightly convicted and sentenced the petitioner under Sections 279 and 304-A IPC and the Criminal Revision No.2061 of 2008 (O&M) 4 same has been rightly upheld by the learned Appellate Court. Hence, no interference is warranted by this Court. Accordingly, this revision petition is dismissed. (SABINA) JUDGE January 07, 2009 anita