Crl. Revn. No.514 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revn. No.514 of 2011 (O&M) Date of decision:- 10.05.2011 Mukhtiar Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. D.R. Punia, Advocate for the petitioner Mr. Vishal Munjal, Addl.A.G, Punjab RITU BAHRI J.(Oral) Custody certificate filed in the Court is taken on record. The present revision petition has been filed against the judgment dated 03.02.2011, passed by Additional Sessions Judge (Adhoc) Fast Track Court, Rupnagar, dismissing the appeal of the petitioner against the order and judgment dated 03.06.2009 passed by Judicial Magsitrate Ist Class, Ropar, convicting the petitioner to undergo rigorous imprisonment for a period of six months under Section 279 IPC and to pay a fine of Rs.500/- and in default shall further undergo imprisonment for one month and to undergo rigorous imprisonment for a period of one year under Section 304-A IPC and to pay a fine of Rs.500/- and in default shall further undergo imprisonment for one month. Both the sentences shall run concurrently. Brief facts of the case are that on 09.09.2006, the complainant on his motorcyle make LML along with his brother Dilbag Singh on his scooter No. PB-12-D-0729 were going to Ropar for their domestic work. Dilbag Singh was ahead of the complainant and at about 3.30 P.M when they reached a little ahead of bus stand Jhallian Khurd and Indica Car bearing No. PB-37C-3104 came from the opposite side at a very high speed and in a rash and negligent manner Crl. Revn. No.514 of 2011 (O&M) -2- and hit in the scooter of his brother Dilbag Singh. As a result of which, Dalbagh Singh received injuries on his head and other parts of the body. The scooter was also badly damaged. Dilbag Singh was moved to Civil Hospital, Roopar in the said car. In the hospital, while the complainant was looking after Dilbag Singh, the driver of the car ran away along with his car. Dilbag Singh was referred to P.G.I., Chandigarh. But Dilbag Singh succumbed to his injuries on the way to P.G.I. Chandigarh. On enquiry, it was found that the car belonged to Mukhtiar Singh. In the above background, the F.I.R was registered against the petitioner. After registration of the case, the investigation was conducted and challan was presented in the Court under Section 173 Cr.P.C. Subsequently, charge under Section 279 and 304-A IPC was framed against the accused. The accused has been convicted on the statement of PW4 Bikram Singh-complainant who deposed that the accident took place when he was travelling with Dilbag Singh . Complainant's testimony was further supported by the testimony of PW5 ASI Ravinder Singh which is further strengthened by the medical evidence of Dr. Karam Singh who has proved the postmortem of deceased Dilbag Singh (Ex PW1/A). In view of these evidences, the trial Court has convicted the petitioner under Section 279 and 304-A of IPC. Mr. D.R. Punia, learned counsel for the petitioner has not been able to challenge the judgments of both the Courts on merits and prayed for a lenient view on the quantum of sentence. The petitioner has faced the trial for six years and the petitioner has already undergone 3 months 8 days in judicial custody till date out of the total sentence of one year as per custody certificate. Counsel for the petitioner has placed on record the judgment of MACT case No. 131/11.11.2006 dated 20.01.2009 and judgment of this Court in FAO NO. 2540 of 2009, in which the compensation of Rs.5,12,000/- has been awarded by this Court to the legal heirs of the deceased. A direction is given that the petitioner be released on probation for Crl. Revn. No.514 of 2011 (O&M) -3- a period of one year to the satisfaction of CJM/Duty Magistrate, Rupnagar. It is further directed that the petitioner will pay another Rs.35000/- as the compensation to the family of the deceased. In view of the above, the petition stands disposed of. May 10, 2011 ( RITU BAHRI ) G.Arora JUDGE