Criminal Revision No. 2766 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No.2766 of 2008 Date of Decision: May 01, 2009 Ramu @ Gokal ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.S.K.Yadav,Advocate, for the petitioner Mr.Sidharath Sarup, Assistant Advocate General, Haryana. ** Sabina, J. Petitioner was convicted under Sections 279/337/304-A of the Indian Penal Code (`IPC' for short) vide judgment dated 24.3.2007 by the Judicial Magistrate Ist Class Mohindergarh. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/- under Section 304-A IPC; to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- under Section 337 IPC and to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- under Section 279 IPC. All the sentences were ordered to run concurrently. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Sessions Judge, Narnaul vide judgment dated 26.11.2008. Hence, the present revision petition. Criminal Revision No. 2766 of 2008 2 The brief facts of the case, as noticed by the Appellate Court in para 1 of its judgment, are as under:- “ According to prosecution case, complainant Sunder Singh is a resident of village Bhojawas and has been putting up in the house constructed near the tube-well itself. Budh Ram, aged 8 years, who is the son of Sahi Ram, the elder brother of Sunder Singh, was a student of Govt. School of that very village and on 16.7.2003, he was on way back to his house at the tube-well after attending the school as usual and was followed by his uncle Sunder Singh. Budh Ram was accompanied by two other students of that school namely Ombir and Pawan and when they reached near the house of Bhata Ram, a Pick-up Van bearing Registration No.HR-66/0607 being driven by Ramu @ Gokal son of Parbhati Lal in a rash and negligent manner came from the side of village Gomli and directly hit Budh Ram who fell down and was crushed by the front side wheel of the offending vehicle. Ombir and Pawan also sustained injuries. Sunder Singh rushed thereto take care of Budh Ram and found that he had breathed his last. Accused Ramu fled from the spot along with the Pick-up Van and the other two injured namely Ombir and Pawan had taken away from the spot by their family members. Sunder Singh lodged a report with the police when a police party met him at Bus Stand of village Bhojawas by way of statement Ex.PA. On the basis of that, FIR was registered and investigation was taken up. Postmortem examination of the dead body was got conducted and the other two injured were medicolegally examined. The accused Criminal Revision No. 2766 of 2008 3 was arrested and after completion of investigation challan was presented in the Court." Learned counsel for the petitioner, during the course of arguments, has not challenged the conviction of the petitioner under Sections 279,337,304-A IPC but has submitted that the sentence qua imprisonment may be reduced to already undergone by the petitioner. As per the report of the mechanic,who has examined the Van in question, the brakes of the vehilce driven by the petitioner have been failed. Learned counsel has further submitted that the petitioner has undergone more than five months of actual sentence . Petitioner is not the previous convict. Accordingly, keeping in view the submissions made by the learned counsel for the petitioner, it is a fit case where the sentence qua imprisonment is liable to be reduced to already undergone by the petitioners. Hence, the conviction of the petitioner under Sections 279/337/304-A IPC is maintained and the sentence qua the imprisonment of the petitioner is reduced to already undergone by him. Petition stands disposed of. (Sabina) Judge May 01, 2009 arya