Criminal Revision No.459 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.27821 of 2011 and Criminal Revision No.459 of 2011 Date of decision:-26.5.2011 Ram Kishan ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Balraj Gujjar, Advocate for the petitioner. Mr. Kshitij Sharma, AAG Haryana. RITU BAHRI J. Criminal Misc. No.27821 of 2011 Application is allowed and documents Annexures P-1 and P-2 are taken on record. Criminal Revision No.459 of 2011 This criminal revision is against the judgment dated 27.1.2011 passed by the Additional Sessions Judge, Bhiwani and judgment dated 05.12.2008 passed by the Judicial Magistrate 1st Class, Bhiwani whereby the petitioners has been convicted under Sections 279 and 304-A IPC. On 13.2.2003 the complainant Rajesh Kumar son of Manphool Singh alongwith his brother Daya Nand was going by road. They were hit by a rashly driven truck. With the impact of the truck, his brother fell down and the truck over-run him. His brother was taken to the General Hospital, Bhiwani, thereafter he was referred to PGIIMS Rohtak. On his way he died. After Criminal Revision No.459 of 2011 -2- registration of this FIR, challan was presented and charges were framed against the accused. Both the Courts have come to the conclusion that due to rash and negligent driving the accident had taken place. As per the site plan (Ex.PW6/G) prepared by the Investigating Officer, negligence is attributed to the driver of the truck. The road was of sufficient width and there was no obstruction, there was no mechanical defect in the vehicle for driving. The presumption has been drawn that the driver was negligent in driving. Counsel for the petitioner has not been able to challenge the judgments on merits. The criminal revision is dismissed. The Motor Accident Claims Tribunal, Bhiwani vide judgment dated 17.4.2006 has awarded a sum of Rs.3,00,000/- alongwith interest @ 7-½ % per annum as compensation to the legal heirs of the deceased. As per custody certificate filed by the Superintendent, District Jail, Bhiwani, petitioner has undergone one month and 26 days as on 24.3.2011. Till date he has undergone almost three months and 26 days out of sentence of one year awarded. The petitioner is about 46 years of age and he is the only bread earner of the family and having old parents. Since there was no intention of the petitioner to cause death of the deceased, it is directed that he be released on probation for a period of one year subject to the conditions imposed by the Chief Judicial Magistrate/Duty Magistrate, Bhiwani. A sum of Rs.40,000/- shall also be paid by the petitioner to the legal heirs of the deceased as compensation. 26.5.2011 ( RITU BAHRI ) Vijay Asija JUDGE