Criminal Revision No.43 of 1993 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.43 of 1993 Date of decision: February 05, 2008 Raj Kumar … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Hirdey Pal Singh, Advocate with Dr.M.S. Rahi, Advocate for petitioner. Mr. Amit Chaudhary, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (Oral) Raj Kumar alias Raju was tried for offences under Sections 279 and 338 IPC in case FIR No.10 dated 13.01.1990 registered at Police Station, City Pathankot. It is said that due to rash and negligent driving of the petitioner, who was driving a truck, he had caused injuries to Nirmal Singh son of Charanjit Singh, complainant. This injury has resulted into a grievous injury to the knee and leg. Mr.Rahi appearing for the petitioner has stated that since the injured has appeared as PW-2 along with his mother Dalbir Kaur as PW-3, he will not be in a position to assail their evidence as two courts below have relied upon them and returned finding of fact that the petitioner Criminal Revision No.43 of 1993 2 was driving rashly and negligently. Mr.Rahi has further stated that he is conscious that scope of the revisional Court is very limited. In the alternate, Mr.Rahi has stated that in the present case, occurrence took place on 23rd October, 1989 and the FIR was lodged on 13th January, 1990 after a delay of more than two months and 23 days. Injured will be the last person to falsely implicate the petitioner. Further, since there was the only grievous injury on the leg due to the accident and occurrence is about 18 years old, ends of justice will be met in case the petitioner is released on probation for a period of six months. It will be pertinent to mention here that in appeal, sentence of the petitioner was reduced to six months rigorous imprisonment. Taking into account totality of circumstances, petitioner is ordered to be released on probation for a period of six months under Probation of Offenders Act to maintain good conduct and behaviour. Petitioner shall furnish bonds to the satisfaction of Chief Judicial Magistrate, Gurdaspur. However, the sentence of fine is enhanced to Rs.10,000/-. The same shall be converted as cost. With these observations present revision petition is disposed off. [Kanwaljit Singh Ahluwalia] Judge February 05, 2008. rps