Crl.Revn. NO.1182 of 2003 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.Revn. NO.1182 of 2003 DATE OF DECISION: 22.02.2010 Kamaljit Singh ...PETITIONER VS. State of Punjab ...RESPONDENT CORAM: HON'BLE MR. JUSTICE MOHINDER PAL PRESENT: None for the petitioner. Mr.Vishal Munjal, Additional Advocate General, Punjab for the respondent-State. MOHINDER PAL, J.(Oral) This revision petition has been filed by petitioner Kamaljit Singh against the judgment dated 16.05.2003 passed by the Additional Sessions Judge, Gurdaspur whereby appeal against the judgment of conviction and sentence order dated 12.02.2002 passed by the Sub Divisional Judicial Magistrate, Batala, convicting the petitioner under Section 304-A of the Indian Penal Code (hereinafter referred to as 'the Code') and sentencing him to undergo rigorous imprisonment for a period of eighteen months and to pay a fine of Rs.500/-, in default whereof to undergo Crl.Revn. NO.1182 of 2003 2 further rigorous imprisonment for a period of three months was dismissed. The facts of the prosecution case, in brief, are that petitioner-Kamaljit Singh, who was the driver of bus of Jhang Transport bearing No.PB 06-1485 was going from Batala to Gurdaspur at a very high speed and was driving it in a rash and negligent manner. Without blowing horn, he was trying to cross a truck, going ahead of the bus. In that way, the said bus crushed the father of the complainant and the complainant rescued himself by running towards another side. Complainant-Pritam Singh arranged for conveyance and got his father admitted in the Government hospital, Batala where father of the complainant expired at 10.10 P.M. After completion of investigation, report under Section 173 of the Code of Criminal Procedure was submitted against the accused in the Court. The accused was charged under Section 304-A of the Code. He did not plead guilty to the charge-sheet and claimed trial. At the trial, the prosecution examined PW1 Constable Balkar Singh, PW2 ASI Harkirat Singh, PW3 Nand Lal, Mechanic of Punjab Roadways, Batala, PW4 Pritam Singh, PW5 Dr.G.S.Cheena, Medical Officer, Civil Hospital, Batala and thereafter closed the evidence of the prosecution. In his statement recorded under Section 313 of the Code of Criminal Procedure, petitioner Kamaljit Singh denied the prosecution allegations and pleaded false implication. No evidence was led in defence. I have heard Mr.Vishal Munjal, Additional Advocate General, Punjab and have gone through the records of the case. Crl.Revn. NO.1182 of 2003 3 Complainant-Pritam Singh has entirely supported the case of the prosecution. There was no reason for him to falsely implicate the petitioner. In fact, no serious challenge could be made to the veracity of the prosecution case by the learned counsel for the petitioner during the course of arguments. Under the circumstances, I do not see any ground warranting interference by this Court in exercise of its revisional jurisdiction under Section 401 of the Code of Criminal Procedure. The petitioner has rightly been convicted in this case. As such, conviction of petitioner Kamaljit Singh under Section 304-A of the Code, as recorded by both the Courts below, is maintained. However, keeping in view the facts and circumstances of the case particularly the fact that Sword of Damocles has remained hanging over the head of petitioner-accused Kamaljit Singh for the last more than thirteen years as the case relates to 29.10.1997, I am of the considered opinion that ends of justice will be adequately met if the sentence of eighteen months rigorous imprisonment awarded to the petitioner is reduced to rigorous imprisonment for one year and the sentence of fine and the default clause are left unaltered. I order accordingly. With the above modification in the impugned sentence order, this revision petition is dismissed. February 22, 2010 ( MOHINDER PAL ) jt JUDGE