Criminal Revision No. 2098 of 2010(O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No. 2098 of 2010(O&M) Date of decision: 4.8.2010 Sehdev ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.C.R.Dahiya, Advocate, for the petitioner. **** SABINA, J. Petitioner Sehdev was convicted for an offence under Sections, 279/ 304-A of the Indian Penal Code (“IPC” for short), vide judgment dated 29.1.2009 passed by the Judicial Magistrate, Ist Class, Hisar. Vide order dated 30.1.2009, the petitioner was sentenced to undergo rigorous imprisonment for a period of six months with a fine of Rs.500/- under Section 279 IPC and rigorous imprisonment for a period of one year with a fine of Rs.2,000/- under Section 304-A IPC. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed vide judgment dated 15.7.2010 passed by the Sessions Judge, Hisar. Hence, the present revision petition. Prosecution case, as noticed by the Appellate Court in Criminal Revision No. 2098 of 2010(O&M) 2 para 2 of its judgment, is reproduced herein below:- “The story of the prosecution is that on 10.8.2002 a telephonic message was received at P.P. Azad Nagar, Hisar from SHO, Police Station Sadar, Hisar relating to death of Shishpal son of chhapan Singh, aged 30 years, resident of Faridabad in an accident case, which took place in Jain Orthopaedic Hospital, Hisar. HC Vijay Singh along with other police official reached police station Sadar and received ruqa, who recorded the statement of Rajender @ Pappu son of Hazari Ram, Caste Kumhar, resident of Gangwa. The complainant has reported that he along with his brother Ram Sarup and Shishpal son of Chhapan Singh, Caste Rajput, resident of House No.3, Old Faridabad has started a business of hotel on rent at the premises of Dr.Vidya Sagar in front of Water Works, Gangwa situated at Siwani Road. On the above mentioned date i.e. 10.8.2002 at about 7.00 a.m. Shishpal son of Chhapan was sleeping on a cot on one side of the hotel. Meanwhile a tractor bearing No.HR-16C-5924 Mahindra attached with trolley, being driven by Sehdev stopped near the hotel. The driver of the tractor has taken tea from the hotel and thereafter started his tractor and was backing the same. The complainant and Gopi Ram son Criminal Revision No. 2098 of 2010(O&M) 3 of Mahabir, Caste Dhanak, resident of Gangwa shouted at the tractor driver not to take the tractor back because one person was sleeping on a cot and their motor cycle was also parked at the back of the tractor but the tractor driver Sehdev son of Amar Singh, Caste Jat resident of Durjanpur, the appellant-convict in this case, has not given heed to the said alarm of the complainant and hurriedly back the tractor trolley and the left wheel of the trolley, attached with the tractor, crossed over the chest of Shishpal, who was sleeping on a cot at the back side of the trolley. The cot was also broken and Shishpal has received grievous and serious injuries on chest and right hand. The complainant and Gopi Ram rushed to the spot and took out Shishpal beneath the tractor. The complainant has specifically narrated in his statement that he was previously known to Sehdev, driver of the tractor, who was frequent visitor of the hotel. He has further stated that on seeing the incident the tractor driver Sehdev escaped from the spot towards Gangwa village side. The complainant and Gopi Ram took the injured Shishpal, who was crying with paid. Meanwhile, Indraj son of Vijay Singh and Sita Ram son of Malla Ram, resident of Gangwa also appeared at the spot and with their help, they took the injured Shishpal in a jeep for Criminal Revision No. 2098 of 2010(O&M) 4 treatment to Jain Orthopaedic Hospital, where first aid was provided and later on Shishpal has succumbed to the injuries in that hospital. The complainant has specifically narrated in his statement that the accident had taken place due to rash and negligent act of Sehdev, being driver of tractor No.HR-16C-5924, which is left at the spot after causing the accident.” After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves dismissal. The petitioner while reversing his tractor trolley did not bother to take care and consequently deceased, who was lying on a cot, was run over by the tractor. PW-6 Rajinder Kumar has duly proved the prosecution case. The said witness had no enmity against the petitioner to involve him falsely in this case. Both the Courts below have examined the evidence on record carefully and have rightly convicted and sentenced the petitioner under Sections 279/ 304-A IPC. No ground for interference by this Court is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE August 04, 2010 anita