Criminal Revision No. 2063 of 2002 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 2063 of 2002 Date of Decision: April 28, 2009 Kishan Lal ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Gaurav Chopra,Advocate, for the petitioner. Mr.Amandeep Singh Rai, Assistant Advocate General, Punjab ** Sabina, J. Petitioner was convicted under Section 304-A of the Indian Penal Code (`IPC' for short) vide judgment dated 14.9.1998 by the Judicial Magistrate Ist Class, Bhatinda. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for one and a half year and to pay a fine of Rs.1000/- under Section 304-A IPC . Aggrieved by the same, petitioner preferred an appeal and the sentence awarded to the accused was reduced to one year by the Additional Sessions Judge, Bathinda vide judgment dated 9.10.2002. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court Criminal Revision No. 2063 of 2002 2 in para 2 of its judgment, are as under:- “In nut shell, the case of the prosecution unfolded by Piara Singh son of Arjan Singh is that he is the resident of village Jodhpur Romana and is an agriculturist. They have purchased the land at village Gehri Butter where they are cultivating the same. They have constructed their house at village Jodhpur Romana where they are residing. At about 4.30 p.m. on 15.10.1995, he and his son Gurdeep Singh were going from their village Jodhpura Romana to Gehri Butter on cycle which was being paddled by his son Gurdeep Singh, while he was sitting on the carrier. When they reached just behind pipe factory many cars and jeeps were coming from the side of Dabwali. He came down from the cycle and started walking on foot. A Fiat car bearing Registration No. HR-01-0007 came at a high speed from the side of Bathinda and run over his son. Gurdeep Singh, went ahead while pulling his son with it, meanwhile, he reached while a running and driver of the car also came down. Both of them took care of Gurdeep Singh his son, but Gurdeep Singh died at the spot because of the bleeding from the head and forehead. It has further alleged by him that on inquring by him the driver of the car disclosed his name to be Krishan Lal son of Diwan Chand, House No. 5154/1, Modern Complex, Mani Majra, Chandigarh. On pointing the death of his son, the driver of the car fled away from the spot, while leaving his car at the spot, He left Raghbir Singh with the dead body of his son at the place of occurrence and he himself along with Gian Singh went to inform the police. When they reached near the Criminal Revision No. 2063 of 2002 3 distributory of village Jodhpura Romana, they met the police party where he gave his statement to the police and also stated that Krishan Lal driver of the car has caused the death of his son by driving the car so rashly and negligently. The above statement of the complainant Piara Singh was recorded by ASI Hamir Singh and the sent the same to the Police Station after making his endorsement on it, where, on its basis, formal FIR was registered against the accused. He also visited the spot and prepared the rough site plan with correct marginal notes depicting the place of occurrence and took into police possession sample of blood stained earth and sealed with his seal bearing impression `H.S.', broken pieces of glass, one pair of chapels of deceased Gurdeep Singh, his clothes, cycle car bearing registration No. HR-01-B- 0007, registration certificate of the car were taken into possession vide separate recovery memos. He also prepared the inquest report of the deceased and got conducted the autopsy of the corpse of deceased Gurdeep Singh from Civil Hospital, Bathinda. On 16.10.1995 Jagrup Singh, Member Zila Prasid, Bathinda, produced the accused. Statements of the witnesses were recorded and on completion of necessary formalities of investigation, the accused was challaned in the Court of learned Illaqa Magistrate, Bathinda.” In the present case, the accident in question had occurred on 15.10.1995 at about 4.30 P.M. Complainant-Piara Singh along with his son Gurdeep Singh were going from village Jodhpura Romana to Gehri on bicycle which was being paddled by Gurdeep Singh. When they reached Criminal Revision No. 2063 of 2002 4 near pipe factory many vehicles came from the Dabwali side. The complainant got down from the bicycle and started walking on foot. Fiat car in question came from Bhatinda side and ran over Gurdeep Singh. As a result of this, Gurdeep Singh succumbed to his injuries. Prosecution, in order to prove its case, has examined complainant Piara Singh as PW1. He has fully supported the prosecution case while appearing in the witness box. PW2 Raghbir Singh has corroborated the testimony of the complainant with regard to the manner of accident. Complainant had no enmity against the petitioner to involve him falsely in this case. The car was recovered from the spot. It was also mechanically examined by the mechanic .Both the Courts below after appreciating the evidence on record have rightly convicted the petitioner under Section 304-A IPC. Keeping in view the fact that now the petitioner is 75 years old, it would be just and expedient to reduce the sentence qua the imprisonment from rigorous imprisonment of one year to rigorous imprisonment for six months. Hence, the conviction of the petitioner under Sections 304-A IPC is maintained and the sentence qua the imprisonment of the petitioner is reduced from rigorous imprisonment for one year to rigorous imprisonment for six months. Petition stands disposed of accordingly. (Sabina) Judge April 28, 2009 arya