Crl. Revn. No. 204 of 1994 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Revn. No. 204 of 1994 Date of decision. 24.03.2008 Vijay Kumar son of Jahu Singh r/o H. No. 33, Vijay Ghat Pukhta P.S. Dariyaganj, New Delhi. ....... Petitioner Versus State of Haryana ........ Respondent CORAM: HON'BLE MR. JUSTICE SHAM SUNDER Present: None for the revision-petitioner. Mr. Kartar Singh, AAG, Haryana **** Sham Sunder, J. This revision petition is directed against the judgment dated 05.01.1994, rendered by the Court of Additional Sessions Judge, Faridabad, vide which it dismissed the appeal against the judgment of conviction dated 01.02.1993 rendered by the Court of Sub Divisional Judicial Magistrate, Palwal, whereby the accused was convicted and sentenced to undergo imprisonment for a period of three months, for the offence, punishable under Section 279 of the Indian Penal Code and further sentenced Crl. Revn. No. 204 of 1994 2 him to undergo imprisonment for a period of one year for the offence punishable under Section 304-A IPC. Both the sentences were ordered to run concurrently. 2. The facts, in brief, are that on 07.12.1989, Chandan son of Puran Lal, PW, was going on his cycle from Palwal, to his village Rehrana and when he reached near the turn of village Tikri Brahman, Pat Ram, PW, and Charan Singh son of Budhi Ram met them and they started talking with each other. In the meanwhile, Sukhpal son of Balu Ram was seen going towards his village. At about 6/6.15 PM, one four-wheeler bearing registration No. DDI-648 came from the side of Palwal. The said four-wheeler was being driven rashly and negligently. The Four-wheeler went to the wrong side, and dashed against Sukh Pal, as a result whereof, he sustained injuries and fell down. Sukh Pal succumbed to the injuries, at the scene of occurrence. The driver of the four-wheeler, who told his name, as Vijay Kumar son of Jahu Singh r/o H. No. 33, Vijay Ghat Pukhta P.S. Dariyaganj, New Delhi, stopped the four-wheeler and thereafter fled towards Hotel. On the basis of the statement Ex.PW7/A of Chandan, formal FIR was recorded. The accused, was arrested. The statements of the witnesses were recorded. After the completion of investigation, the challan was presented, against the accused in the Court. Crl. Revn. No. 204 of 1994 3 3. On his appearance, in the Court of the Judicial Magistrate, Ist Class, the accused was supplied the copies of documents, relied upon by the prosecution. Charge under Sections 279 and 304-A IPC, was framed against the accused, to which he pleaded not guilty and claimed judicial trial. 4. The prosecution, in support of its case, examined Rajinder Singh, (PW-1), Dr. Anil Malik, (PW-2), Rajinder Singh, Head Constable, (PW-3), Patram, (PW-4), Madan Gopal, Photographer (PW5), Charan Singh ( PW6 ), Chandan Singh, (PW7) and Keshav Dev, Assistant Sub Inspector (PW8). Thereafter, he closed the prosecution evidence. 5. The statement of the accused, under Section 313 of the Code of Criminal Procedure, was recorded. He was put all the incriminating circumstances, appearing against him, in the prosecution evidence. He pleaded false implication. However, no defence evidence was led by the accused. 6. The trial Court convicted and sentenced the accused, as stated above. Crl. Revn. No. 204 of 1994 4 7. Feeling aggrieved, against the judgment of trial Court, an appeal was preferred by the accused/appellant, which was dismissed vide order dated 05.01.1994, by the Court of the Additional Sessions Judge, Faridabad. 8. Still dis-satisfied, the instant revision petition was filed. 9. None appeared, on behalf of the revision- petitioner. 10. I have heard Sh. Kartar Singh, AAG, Haryana, for the respondent, and have gone through the evidence, and record of the case, carefully. 11. The trial Court and the appellate Court recorded the con-current findings, that the four-wheeler was being driven by Vijay Kumar, accused/revision petitioner, when it went to the wrong side and struck against Sukhpal, as a result whereof, he sustained injuries, and died at the spot. The Courts below also recorded con-current findings that the accused was rash or negligent in driving the four- wheeler, which struck against Sukhpal, resulting into his death. The con-current findings of the Courts below, are based on the correct appreciation of the cogent, convincing, relible and trust-worthy evidence of Pat Ram (PW4), Charan Singh (PW6) and Chandan (PW7), all eye witnesses to the accident, and law on the point. The con-current findings Crl. Revn. No. 204 of 1994 5 recorded by the Courts below, do not suffer from any factual infirmity or illegality. The same, therefore, do not warrant any interference. As such the revision petition is liable to be dismissed. 12. For the reasons recorded hereinbefore, the revision-petition, being devoid of merit, is dismissed. The judgment dated 01.02.1993, rendered by the trial Court, and the judgment dated 05.01.1994, rendered by the Appellate Court, affirming the same, are up-held. As per the report received, from the Jail Authorities, the revision petitioner has already undergone the sentence, awarded to him, and was released from jail. (SHAM SUNDER) JUDGE March 24, 2008 dinesh