In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 1062 of 2008 (O&M) Date of Decision:22-01-2009 Dalvinder Singh ---Petitioner versus State of Haryana ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA Present: Mr. R.K.Malik, Advocate, for the petitioner Mr. Sidharth Sarup, AAG, Haryana SABINA, J.(Oral) Petitioner-Dalvinder Singh was convicted under Sections 279, 337 and 304 A of the Indian Penal Code(hereinafter referred to as ' IPC') vide judgment dated 18.10.2006 rendered by Judicial Magistrate Ist Class, Kurukshetra. Vide order dated 19.10.2007, the petitioner was sentenced to undergo rigorous imprisonment for six months and fine of Rs. 1000/- under Section 279 IPC and was sentenced to undergo rigorous imprisonment for six months under Section 337 IPC and was sentenced to rigorous imprisonment for a period of two years and fine of Rs. 10,000/- under Section 304-A IPC was also imposed. All the substantive sentences were ordered to run concurrently. Petitioner deposited the fine imposed by the trial court. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Fast Track Court,Kurukshetra on 26.5.2008.Hence, the present revision petition. Crl. Revision No. 1062 of 2008 (O&M) -2- Prosecution story, in brief, as noticed by the Appellate Court in para 2 of its judgment is as under:- “This case relates to a very tragic occurrence and briefly stated it is that on 12.12.1996 accused Dalvinder Singh was driving the Matador Bus No. DL-4CB-1609 of Saraswati Model School, Kurukshetra and children as student of the school was travelling in it. There was an unmanned level crossing No. 55/C, while crossing the railway track, the driver of the Matador bus namely Dalvinder Singh did not take proper care. He drove the vehicle in a rash and negligent manner without even caring for the train coming on the railway track which he was crossing at an unmanned level crossing in area of village Pindarsi. Passenger train No. 2 JNK was passing and the the school bus was hit resulting in death of three students namely Karnail Singh son of Nasib singh, Kumari Sonia alias Rekha daughter of Rattan Singh and Vikram Singh son of Gurnam Singh who died on the way to the hospital. Many children travelling in the school bus were injured. Information was received in the police station regarding the collision involving the Matador Bus No. DL-4CB-1609 and 2 JNK passenger train at gate No. 55/C Km No. 69/1. First information report was recorded and a police party led by Gandeep Singh SI of the GRP reached the place of occurrence. The Matador Bus had turned turtle. Inquest proceedings Crl. Revision No. 1062 of 2008 (O&M) -3- were conducted and report under Section 174 Cr.P.C. was prepared regarding Karnail Singh, Sonia and Vikram Singh who died at the spot. One injured child Bhupesh Kumar was taken to Anand Orthopedic centre, Kurukshetra and was then referred to PGI, Chandigarh. He also died on the way and inquest proceedings followed. As many as thirteen children namely Priyanka daughter of Rattan Singh, Nitu daughter of Baldev Singh, Rina daughter of Balraj Singh, Rekha daughter of Rattan Singh, Gita daughter of Suresh, Navneet son of Gurnam Singh, Baljit son of Balvinder, Suresh son of Ami Chand, Vikhjeet son of Rattan Singh, Sandeep Singh son of Harjinder Singh, Sandeep son of Satbir and Navtej son of Baldev were injured. Accused Dalvinder Singh himself was injured and was admitted in LNJP Hospital, Kurukshetra. Accused as also ten of the injured were then referred to PGIMER, Chandigarh. Accused was arrested on 28.3.1997. Site plan of the place of occurrence was prepared. The Matadoe Bus involved in the accident was taken into possession and was got mechanically examined. Statements of witnesses were recorded and after completion of the formalities, accused Dalvinger Singh was sent up for trial.” Learned counsel for the petitioner has submitted that the prosecution had failed to prove its case. Petitioner was in custody for the Crl. Revision No. 1062 of 2008 (O&M) -4- last 8 months and in case his conviction was to be upheld, his sentence be reduced to period already undergone by him. Learned State counsel, on the other hand, states that the petitioner was driving the Matador and was crossing the unmanned rail way track negligently and due to this reason many children travelling in the vehicle, in question, suffered injuries and three children succumbed to their injuries on the way to the hospital. On 12.12.1996, petitioner was driving Matador, in question, and was taking school children to school. Petitioner crossed the unmanned rail way track without bothering for the oncoming train and as a result the passenger train struck against the Matador, in question. Three children, namely, Karnail Singh, Sonia alias Rekha and Vikram Singh died due to the injuries suffered by them. Many other children in the vehicle, in question, also suffered injuries. PW-1, Rajesh Verma has deposed that on 12.12.1996 instead of him, petitioner was deputed with vehicle, in question. PW-14, Sandeep Singh, PW-17 Balvinder Singh and PW-8 Suresh Kumar have also deposed that the petitioner was driving the vehicle, in question, on the day of accident. PW-8, Suresh Kumar has deposed that he was working as an Assistant on train No. 2 JNK on 12.12.1996 and when the train reached Pindarsi crossing No. 55/C, suddenly the Matador, in question, came on the track and the driver of the train tried to stop the train but it collided with the Matador, in question. PW-2, Rati Ram has deposed that he was present in his quarter at 8-00 a.m. on the day of occurrence and on hearing a loud noise, he reached the spot and found that the Matador, in question, had collided with the train. Children and the driver of the Matador were badly injured. PW-4, Gurdip Singh deposed that he reached the spot and arrested the driver of the vehicle, in question. PW- 10, Crl. Revision No. 1062 of 2008 (O&M) -5- Dr. Surinder Kumar proved the Medico Legal Report of the injured and the petitioner. PW-5 ASI Surinder Singh proved the inquest report with regard to the dead bodies of Karnail Singh, Sonia alias Rekha and Vikram Singh. Thus, the prosecution had been successful in proving its case. Petitioner had crossed the unmanned railway track without bothering to wait for the oncoming train. Due to rash and negligent act of the petitioner, who was driver of the vehicle, in question, three children lost their lives and the remaining children suffered injuries. In the facts and circumstances of this case, it is not a fit case where the sentence of imprisonment of the petitioner can be reduced to already undergone by him. The facts and circumstances of this case are too shocking to take any lenient view. , This revision petition is dismissed accordingly (SABINA) JUDGE January 22, 2009 PARAMJIT