Criminal Revision No.1491 of 2005 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 1491 of 2005 Date of Decision:May 13, 2010 Mohan Lal ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.R.S.Budhwar, Advocate for the petitioner. Mrs.Shubhra Singh, Deputy Advocate General, Haryana ** Sabina, J. Petitioner-Mohan Lal was convicted for an offence under Sections 279, 337, 304-A of the Indian Penal Code (`IPC' for short) vide judgment dated 7.11.2002 by the Chief Judicial Magistrate Kaithal. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2000/- under Section 304-A IPC; to undergo rigorous imprisonment for a period of three months under Section 337 IPC and was further ordered to undergo rigorous imprisonment for a period of three months under Section 279 IPC . Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by Criminal Revision No.1491 of 2005 2 Additional Sessions Judge Kaithal vide judgment dated 4.8.2005. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in paras 2 to 4 of its judgment, are as under:- “2. The facts giving rise to the prosecution case are as under:- On the statement of Raj Karan son of Jai Chand which is Ex.PC, this case was registered. It was stated by Raj Karan before the police that on 28.12.1995 at about 6.00 am, he alongwith Farukh son of Nagina Muslim, who is resident of village of complainant, left for Kaithal from Chosana after loading sugarcane in tractor- trolly. He was taking sugarcane by tractor trolly, which was hired by the owner of the sugarcane. During day time itself complainant could get entry in the Sugar Mill. As such, he parked his tractor trolly inside the entry gate of Sugar Mill. There many tractor trollies were lying parked. Complainant waited to get sugarcane brought by him in the aforesaid tractor trolly weight at his turn. 3. On 29.12.1995 at about 4.00 am complainant and Farukh lay down under the trolly, which was of make Ford colour blue bearing No.3610, it was having double tires. They were having quilt on them. As i was winter, therefore, Jasbir's driver whose name was not known to the complainant also came there and shared their quilt. Iqbal son of Shukan a relative of Farukh and was belonging to village of complainant was also standing nearby the aforesaid tractor trolly. 4. At about 4.15 a.m. the driver of the aforesaid tractor trolly Criminal Revision No.1491 of 2005 3 under which complainant, Farukh and the driver of Jasbir were sleeping and was also loaded with the sugarcane, without blowing any horn, without switching on the lights, rashly and negligently put a start to the tractor and drove the tractor forward. Complainant arukha and Jasbir's driver had been shouting but the driver of the tractor trolly did not listen to their cries. As a result, the left side double wheel of the trolly had run over the head of Farukh and the driver of Jasbir also received serious injuries on his head. Farukh had died at the spot. The head of Jasbir's driver was seriously injured, whereas, complainant did not receive any injury. Out of fear the driver of the aforesaid tractor trolly after leaving the tractor trolly at the spot had run away. Injured was removed to Hospital. On this report endst was made by Darshal Lal ASI and sent rukka through C.Jagdish Chander for registration of the case, whereupon, Ravinder Kumar SI made endst Ex.PC/1 and recorded formal FIR Ex.PC/2” During the course of arguments, learned counsel for the petitioner, has not challenged the conviction of the petitioner under Sections 279/337/304-A IPC but has submitted that the sentence qua imprisonment be reduced to already undergone by the petitioner. The occurrence had taken place on 29.12.1995 at about 4.15 a.m. The deceased and injured were sleeping under the trolley and the petitioner had no knowledge that the said persons were sleeping under his trolley. Petitioner had driven the tractor for weighment of the sugarcane loaded in the trolley. Learned counsel has further submitted that the petitioner is facing the criminal proceedings since 1995. He is the only bread earner of his family. Criminal Revision No.1491 of 2005 4 Keeping in view the submissions made by the learned counsel for the petitioner, it is a fit case where the sentence qua imprisonment is liable to be reduced to already undergone by the petitioner. Hence, the conviction of the petitioner under Sections 279/337/304-A IPC is maintained. However, the sentence qua the imprisonment of the petitioner is reduced to already undergone by him. Petition stands disposed of accordingly. (Sabina) Judge May 13, 2010 arya