IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1267 of 2003 Date of Decision : February 23, 2010 Mangal Singh ....Petitioner Versus State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. G.P.S.Bal, Advocate Mr. P.S. Sidhu, Additional Advocate General, Punjab T.P.S. MANN, J. The petitioner was tried for offences under Sections 304-A, 337 and 338 IPC on the allegations that while driving bus bearing No.PB-02C-9497 on 8.9.1997 at about 8.15 a.m. in a rash and negligent manner he struck it with tempo driven by Tirath Kumar due to which the tempo turned turtle and a number of passengers of the tempo as well as persons sitting in the two Army vehicles sustained injuries on their persons, out of whom one Chuni Lal succumbed to his injuries lateron. Vide judgment and order dated 26.3.2001, learned Judicial Magistrate Ist Class, Pathankot acquitted the petitioner of the charges under Sections 337 and 338 IPC, as none of the injured stepped into the witness box but convicted him under Section 304-A IPC. He was sentenced to undergo rigorous imprisonment for 1½ years and to pay a fine of Rs.500/-. In default of payment of fine, the petitioner was required to undergo further rigorous imprisonment for one month. The Crl. Revision No.1267 of 2003 -2- petitioner challenged his conviction and sentence by filing an appeal but the same was dismissed by learned Sessions Judge, Gurdaspur vide judgment dated 15.5.2003. Aggrieved of the same, the petitioner filed the present revision, which was admitted on 2.6.2003 and the petitioner was ordered to be released on bail. According to the prosecution, on 8.9.1997 at about 8.15 a.m. complainant Tirath Kumar was driving his tempo bearing No.PB- 06-B-1673 from Sarna towards Pathankot and a number of passengers were sitting in his tempo. When he reached in front of the gate of Sikh Regiment, two army vehicles were parked on the opposite side and on the kacha portion of the road and facing towards Sarna side. In the meanwhile, a bus driven by the petitioner at a very fast speed and without blowing any horn came from the side of Pathankot. It struck behind the army vehicle as a result of which the said army vehicle further struck the other army vehicle from behind. Due to the impact, the bus spun and its rear end dashed against the tempo, as a result of which the tempo turned turtle and the passengers sitting in the same sustained injuries. Even the army people sitting in the army vehicles sustained injuries. The petitioner got entangled with the steering wheel and received injuries. He was brought out and on being asked, he disclosed his identity. The tempo alongwith the army vehicles was damaged. One of the passenger sitting in the tempo, namely, Chuni Lal succumbed to the injuries. On the basis of the statement made by Tirath Crl. Revision No.1267 of 2003 -3- Kumar, FIR No.184 dated 8.9.1997 was registered against the petitioner at Police Station Sadar, Pathankot. After completion of the investigation and presentation of the challan, the petitioner was charge-sheeted for the offences, as mentioned above, to which he pleaded not guilty and claimed trial. In support of its case, the prosecution examined PW1 Dr.Ashok Kumar, PW2 Tirath Kumar, PW3 Karor Singh, PW4 Sham Lal, PW5 Surjit Singh, PW6 Sarbjit Singh, PW7 Dalip Singh and PW8 ASI Avtar Singh. When the prosecution allegations were put to the petitioner during his examination under Section 313 Cr.P.C., he denied the same and pleaded his false implication. However, he did not produce any defence evidence. Both the learned Courts below believed the prosecution evidence to the extent of rash and negligent driving of the bus by the petitioner as a result of which, Chuni Lal, one of the injured, succumbed to his injuries lateron. Accordingly, he was convicted and sentenced, as mentioned above. From the testimonies of PW2 Tirath Kumar and PW4 Sham Lal, it stands established that on account of rash and negligent driving by the petitioner, the bus first struck behind the army vehicle standing on the kachha berm of the road leading from Pathankot towards Sarna. As a result, the army vehicle moved and hit the rear portion of the other Crl. Revision No.1267 of 2003 -4- army vehicle standing in its front. On account of the left front portion of the bus dashing against the rear portion of the army vehicle, the bus spun around its axis, as a result of which, its rear portion struck against the tempo standing on the opposite side of the road. Due to the impact, the tempo carrying the passengers turned turtle. The tempo was brought back on its wheel by the persons standing there. The injured passengers were rushed to the hospital and lateron, out of them Chuni Lal succumbed to his injuries. In view of the above, no case is made out for any interference in the conviction of the petitioner for commission of offence under Section 304-A IPC. The accident in question had occurred more than twelve years back. Ever since then, the petitioner is facing the agony of criminal prosecution. When he was heard by the trial Court on the quantum of sentence, he had stated that he was the only bread winner of his family. Out of the sentence of 1½ years imposed upon him, the petitioner has already served a period of about three weeks. Taking into consideration all the attending circumstances, this Court is of the view that the sentence of imprisonment imposed upon the petitioner is slightly excessive and requires reduction. Resultantly, the conviction of the petitioner under Section 304-A IPC is maintained. However, his sentence of rigorous Crl. Revision No.1267 of 2003 -5- imprisonment for 1½ years is reduced to rigorous imprisonment for a period of one year. The sentence of fine alongwith its default clause is maintained. But for the modification in the quantum of sentence of imprisonment, as indicated above, the revision fails and is, therefore, dismissed. ( T.P.S. MANN ) February 23, 2010 JUDGE ajay-1