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1996 Supreme(P&H) 1831
PUNJAB AND HARYANA HIGH COURT
P.K. Jain, J.
Harbhajan Singh - Petitioner
Versus
State of Punjab - Respondent
Criminal Revision No. 611 of 1995.
Decided On : 12-17-1996
For the Petitioner:Mr. H.S. Kamboj, Advocate.
For the Respondent: Mr. I.P.S. Sidhu, AAG, Punjab.
The court emphasized the importance of rehabilitation and personal correction in sentencing, rather than long-term imprisonment.
Headnote:
RASH AND NEGLIGENT DRIVING - CAUSING DEATH AND INJURIES - SECTIONS 304-A, 279, 337 INDIAN PENAL CODE - INTERPRETATION AND APPLICATION - COURT'S ANALYSIS AND CONCLUSION - REDUCTION OF SENTENCE.
Fact of the Case:
A truck driven by the petitioner collided with a jeep, resulting in the death of five people and injuries to five others. The petitioner was charged with offenses under sections 304-A, 279, and 337 of the Indian Penal Code.
Finding of the Court:
Both the trial court and the appellate court found that the accident was caused by the petitioner's rash and negligent driving. The courts also found that the petitioner did not provide any explanation for the accident.
Issues: Whether the petitioner was guilty of rash and negligent driving causing death and injuries.
Ratio Decidendi: The court held that the prosecution had discharged its burden of proof beyond a shadow of doubt and that the petitioner's conviction was justified. However, the court reduced the petitioner's sentence considering his age, lack of previous convictions, and the fact that he was the sole breadwinner of his family.
Final Decision: The petitioner's conviction was affirmed, but his sentence was reduced to one year imprisonment for the offense under section 304-A of the Indian Penal Code. The sentences for the remaining offenses were affirmed.
JUDGMENT
P.K. Jain, J. - This revision is directed against the judgment dated 25.7.1995 passed by the Additional Sessions Judge, Ferozepur, whereby the conviction and sentence of the petitioner for offences under sections 304-A/297/337 of the Indian Penal Code recorded by Judicial Magistrate Ist Class, Abohar by his judgment dated 6.1.1994, have been affirmed.
2. The prosecution case, in brief, is that on 27.6.1988 Shri Daulat Ram alongwith his wife Savitri, elder brother Nathu Ram, daughter-in-law Krishna Devi, son aged 2-1/4 years, nephew Jagdish, brothers wife Naraini and two other ladies namely Namkori and Smt. Gomti Devi, was going from his village Matill to village Panjkosi in a jeep bearing No. RRG9820 being driven by Dev Dutt to attend some ceremony on the death of the mother-in-law of his niece. When the jeep reached at bus stop of village Rajpura at about 10.30 a.m. truck bearing No. RNG 4714 being driven by the petitioner Harbhajan Singh came from the side of Abohar at a very fast speed. Daulat Ram asked the driver of the jeep to keep the same on his side as the truck was coming in a rash and negligent manner. Inspite of this, the accused while driving the truck in a rash and negligent manner struck against the jeep, due to impact of which Daulat Ram complainant fell down on the ground and the truck dragged the jeep for a distance of 5/7 karams. Jagdish, Naraini, Mamkori, Gomti Devi and Dev Dutt died as a result of the accident at the spot. The other persons travelling in the jeep received injuries on their person. All these persons were removed in another jeep driven by one Sucha Singh to the Civil Hospital Matili where the injured were given treatment. The petitioner left his truck at the spot and escaped.
3. Manohar Singh, Sub Inspector recorded the statement of Daulat Ram which is Ex. PA on the basis of which formal F.I.R. came into existence. Rough site plan of the place of the accident was prepared. Post-mortem of the dead bodies was got conducted. Injured persons were medico-legally examined in the Civil Hospital Matill. The truck and the jeep were taken into possession. Later on the petitioner was arrested. After completion of the investigation, the challan was submitted to the court.
4. A charge under sections 304-A/279/337 Indian Penal Code was framed against the petitioner to which he pleaded not guilty and claimed trial.
5. In support of its cause, the prosecution examined Dr. N.K. Bhatia (PW-1), Dr. Ajay Kumar (PW-2), Dr. N.S. Bhatti (PW.3), Dr. Dalip Kumar (PW-4), Sucha Singh (PW-5), Dr. Siri Nath Goyal (PW-6), H.C. Nirmal Singh (PW-7), A.S.I. Malkiat Singh (PW-8), Kalu Ram (PW-9), Smt. Krishna Devi (PW-10), Ram Kishan Photographer (PW-11), Hans Raj (PW12) and Daulat Ram (PW-13). In his examination under section 313 of the Code of Criminal Procedure, the petitioner denied allegations of the prosecution and pleaded innocence. He did not give any explanation as to how the accident took place.
6. On appraisal of the prosecution evidence, the trial Magistrate convicted the petitioner for the offences under Sections 304-A/279/337 of the Indian Penal Code. The petitioner was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/-, in default of payment of fine to undergo further rigorous imprisonment for three months for the offence under section 304-A the Indian Penal Code. He was also sentenced to undergo rigourous imprisonment for six months and to pay fine of Rs. 1,000/- or in default thereof to further undergo rigorous imprisonment for one month for the offence under section 279 of the Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 5,00/- or in default thereof to further undergo rigorous imprisonment for fifteen days for the offence under section 337 of the Indian Penal Code. All the sentences awarded to him have been ordered to run concurrently.
7. Feeling aggrieved, the petitioner challenged his conv
