IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.340 of 2003 Date of decision: 10th February, 2010 Ravinder … Petitioner Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Hemen Aggarwal, Advocate for the petitioner. Ms. Hemlata Balhara, Assistant Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Ravinder son of Hari Chand was named as accused in case FIR No.114 dated 08.06.1997 registered at Police Station Kalanaur under Sections 279/337/338 IPC. The trial Court found him guilty of offence under Section 279, 337 and 338 IPC and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.1000/- under Section 338 IPC. The Court further imposed fine of Rs.500/- and Rs.1000/- for offence punishable under Section 337 and 279 IPC respectively. In case of default in payment of fine, petitioner was ordered to further undergo rigorous imprisonment for one year. Ram Mehar had received injuries in the incident. He was admitted in PGI Rohtak. On receipt of information, Head Constable Parhlad reached PGI Rohtak and recorded statement of Ram Mehar, who stated that on 8th June, 1997 at 7.00 a.m. he along with his brother Ram Kumar and wife Vidya Devi, left for Kalanaur on scooter hearing Criminal Revision No.340 of 2003 registration No. DL 15-D 3504. The scooter was driven by Ram Kumar and the injured was sitting on pillion seat. At 9.00 a.m. when they reached near temple of Santoshi Mata, a jeep come in a rash and negligent manner and collided with the scooter. The persons on the scooter fell on the road. Ram Kumar received injuries on hand and feet, complainant Ram Mehar suffered injuries on feet and nose, whereas Vidya Devi received internal injuries in her chest. Ram Kumar became unconscious. Villagers from the nearby village took the injured to the hospital. The trial Court held that the jeep was coming from the wrong side, therefore, accident had taken place. The trial Court relied upon testimony of injured Ram Mehar PW-2 and came to the conclusion that the accident had occurred due to the rash and negligent driving of the petitioner. The complainant had suffered fracture on his leg and Ram Kumar got fracture of his rib. Counsel for the petitioner has submitted that in view of the statement of the injured, he will not be able to assail the conviction, however, he has prayed that in the present case, due to accident injuries were suffered by Ram Kumar, Vidya Devi and Ram Mehar and no person had died. It is further submitted that occurrence had taken place in year 1997. About 13 years are going to elapse. Taking into consideration the fact that in accident, only injuries were caused and petitioner is in corridors of the courts from last 13 years, this Court is of the view that an opportunity can be granted to the petitioner to reform himself and rehabilitate in the Society, as a good, peaceful and honest citizen. Therefore, petitioner is ordered to be released on probation under Probation of Offenders Act for a period of one year. He shall furnish personal/surety bonds to the satisfaction of the trial Court with an undertaking to maintain peace, good conduct and behaviour 2 Criminal Revision No.340 of 2003 for the period of probation. However, cost of litigation is assessed as Rs.20,000/-. The petitioner shall be called upon by the trial Court to furnish bonds and to deposit the cost. The amount of cost so deposited, shall be disbursed to the injured proportionately. In case the petitioner commit any breach of terms and conditions of the bonds, he shall be called upon by the trial Court to undergo the sentence awarded. Failure to deposit cost of litigation shall render the present revision petition as dismissed. With the observations made above, present revision petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE February 10, 2010 rps 3