CRR-1639-2021 (O&M)

-1-

105

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRR-1639-2021 (O&M)

Date of decision : 09.12.2021

Rakesh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. Navneet Singh, Advocate for the petitioner.

Mr. Manish Dadwal, AAG, Haryana.

****

VIKAS BAHL, J. (ORAL)

Challenge in the present Criminal Revision is to the judgment

dated 27.08.2018 passed by the Judicial Magistrate Ist Class, Sonepat,

vide which the petitioner had been convicted under Sections 279, 337,

338, 304-A and 427 of the Indian Penal Code, 1860 (hereinafter to be

referred as “the IPC”) and had been sentenced as under:-

“So, the convict Rakesh is hereby sentenced to

undergo three months simple imprisonment for the offence

punishable under Section 279 of IPC, three months simple

imprisonment for the offence punishable under Section

337 of IPC, one year (twelve months) simple

imprisonment for the offence punishable under Section

338 of IPC, 1 ½ years (eighteen months) simple

PAWAN KUMAR

2021.12.10 16:34

I attest to the accuracy of this

order

Chandigarh

CRR-1639-2021 (O&M)

-2-

imprisonment and Rs.4000/- as fine for the offence

punishable under Section 304A of IPC and one year

(twelve months) simple imprisonment for the offence

punishable under Section 427 of IPC. In case of defaulting

of fine the convict Rakesh shall suffer two months simple

imprisonment. All the sentences shall run concurrently.

Jail warrants be prepared. Fine paid by the convict. File

be consigned to the record room after due compliance.”

Challenge has also been made to the judgment dated

25.11.2021 passed by the Additional Sessions Judge, Sonipat, vide which

the petitioner was acquitted from the charges framed under Sections 338

and 427 of the IPC and judgment of the trial Court to the said extent was

set aside but the conviction of the petitioner was upheld under Sections

279, 337 and 304-A of the IPC and he was sentenced as under:-

Sr.

No.

Section

Sentence

1

U/s 279 IPC

SI Three months

2

U/s 337 IPC

SI three months

3

U/s 304-A of

IPC

SI One year with fine of Rs.4000/- (paid before

trial Court)

11. However, all the sentences shall run concurrently.”

In the present case, an FIR was registered on the complaint

made by Naresh Kumar, Head Constable, who had appeared as PW5 in

the trial, to the effect that on the intervening night of 05/06.07.2013, he

alongwith deceased EASI Ved Parkash, was going on motorcycle bearing

registration No.HR-10P-4952 which was being driven by the complainant

and when they reached near Sewli road, at about 12.30 a.m, then, a Car

Marka Quanto Mahendra No.HR-10-K-0090 being driven by its driver

PAWAN KUMAR

2021.12.10 16:34

I attest to the accuracy of this

order

Chandigarh

CRR-1639-2021 (O&M)

-3-

(present petitioner) in a very rash and negligent manner and at a very high

speed, came from side of GT Road, and directly hit the motor-cycle, as a

consequence of which, the complainant as well as the deceased fell down

from the motorcycle and sustained multiple injuries. On account of the

injuries suffered by Ved Parkash, he was declared as brought dead. It was

stated that the accident took place due to the rash and negligent driving of

the present petitioner.

The petitioner was charged under Sections 279, 337, 338,

304-A and 427 of the IPC and as many as 13 witnesses were examined,

the details of which are as under:-

1.

PW1-Deepak,

2.

PW2-HC Ramdutt,

3.

PW3-Mukesh {Superdar},

4.

PW4-SI Dharambir,

5.

PW5-HC Naresh {complainant},

6.

PW6-Gandhi Chauhan {identified dead body},

7.

PW7-Sonu Chauhan {owner of motor-cycle No.HR10-P-4952},

8.

PW8-Dr. Poonam Dahiya,

9.

PW9-Dr. Anvita Kaushik,

10.

PW10-Dr. Jitender Sharma

11.

PW11-Harpal Singh

12.

PW12-ASI Tejpal,

13.

PW13-Ravi {Injured}.

PW5-Head Constable, Naresh (complainant), was the star

PAWAN KUMAR

2021.12.10 16:34

I attest to the accuracy of this

order

Chandigarh