In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 1348 of 2007 Date of Decision:March 26, 2009 Ram Saroop ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.Vikas Bahl,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab *** SABINA, J. Ram Sarup-petitioner was convicted for an offence under Sections 279/337/304-A of the Indian Penal code (hereinafter referred to as 'IPC') vide judgment dated 27.10.2005 by Sub Divisional Judicial Magistrate, Nawanshahr. Vide order of even date passed by learned Sub Divisional Judicial Magistrate, Nawanshahr, petitioner was sentenced to undergo rigorous imprisonment for three months and fine of Rs. 500/-. for an offence under Section 279 IPC, sentenced to undergo rigorous imprisonment for three months and fine of Rs. 500/- for an offence under Section 337 IPC and sentenced to undergo rigorous imprisonment for two years and fine of Rs. 2000/- for an offence under Section 304-A of the IPC. All the sentences were ordered to run concurrently. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by learned Crl. Revision No. 1348 of 2007 -2- Additional Sessions Judge, Nawanshahr vide judgment dated 1.8.2007. Hence, the present revision petition. Prosecution story, in brief, as noticed by the learned Appellate Court in para 2 of its judgment, is as under:- “Brief resume of facts of the prosecution case are that on 16.3.2001, Lekh Raj complainant made statement before ASI Jagdish Ram in the terms that he was resident of village Kultham and was a labourer. On 16.3.2001, he along with his brothers Resham Pal and Keshmiri Lal while on bicycles were going from village Kultham to Behram. The complainant was sitting on the carrier of the bicycle of his brother Kashmiri Lal, while Resham Pal was on his own bicycle, and going 10- 15 karmas ahead of them. At about 9.30/10.00 a.m. when they reached near Baba Jaura Peer, Behram, a bus bearing No. PB- 07-C-9977, belonging to Dashmesh Bus being driven rashly and negligently by its driver came from Phagwara side and struck the same firstly with bicycle of the complainant as a result of which Kashmiri Lal received multiple injuries and then the said bus hit against the bicycle of Resham Pal and dragged him to a considerable distance and as a result of this impact, Resham Pal sustained multiple injuries, including head injury. After stopping for a while, the driver fled away with the bus. The injured were brought to Civil Hospital, Banga, where Resham was declared dead. This accident had occurred purely due to rash and negligent driving of the offending bus by the accused. On the basis of this statement of the complainant, Crl. Revision No. 1348 of 2007 -3- formal FIR was registered and the investigation was brought into effect. During the course of investigation, the investigator visited the spot, prepared its rough site plan, recorded the statements of the witnesses, took into possession the offending bus, got post mortem examination conducted on the dead body, arrested the accused and after competition of the investigation, the accused was challaned.” Learned counsel for the petitioner during the course of arguments has not challenged the conviction of the petitioner under Sections 279/337/304-A IPC. Learned counsel has submitted that the sentence of imprisonment of the petitioner be reduced to already undergone by him. The accident, in question had taken place in the year 2001. Learned counsel has further submitted that the petitioner is not a previous convict and is the only bread winner of the family. Keeping in view the submissions made by learned counsel for the petitioner, it is a fit case where the sentence of imprisonment is liable to be reduced to already undergone by the petitioner. Accordingly, conviction of the petitioner under Sections 279/337/304-A IPC, as ordered by the courts below, is maintained. However, sentence of imprisonment of the petitioner is reduced to already undergone by him. Petition stands disposed of accordingly. (SABINA) JUDGE March 26, 2009 PARAMJIT