IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (202)

CRR-397-2008 (O&M)

Date of Decision: 13.01.2025 Surinder Singh ... .Petitioner Versus State of Haryana ...Respondents CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. D.P.S. Bajwa, Advocate with Ms. Dolli Sharma, Advocate as Amicus Curiae for the petitioner.

Mr. Viney Phogat, DAG, Haryana.

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JASJIT SINGH BEDI, J.

The present revision petition has been filed impugning the judgment dated 18.02.2008 passed by the Sessions Judge Kurukshetra whereby the appeal filed against the judgment of conviction and order of sentence dated 09/10.01.2007 passed by Sub Divisional Judicial Magistrate, Pehowa has been dismissed with modification in the sentence.

2. The FIR in the present case came to be registered on 01.10.2001. The judgment of conviction and order of sentence was passed on 09/10.01.2007 by the Sub Divisional Judicial Magistrate, Pehowa. The Appeal filed against the order of conviction was dismissed on 18.02.2008 with the modification in sentence by the Sessions Judge, Kurukshetra. The instant revision petition was filed on 26.02.2008 and has come up for final hearing now i.e. after a period of 23 years from the date of registration of the FIR.

3. On 02.10.2001, Puran Chand injured along with his wife Anju and Sewa Singh was going on a scooter No.HR01B-2442 towards village Rua in the area of Police Station Pehowa. The scooter was being driven by Sewa Singh injured. When they reached near Mahabir Chowk in the area of village Amai at about 5.30 p.m., the offending jeep No HR21A-6288 being driven by the accused-petitioner rashly, negligently and without blowing any horn came from the opposite side. Seeing the jeep coming in that manner, Sewa Singh injured took his scooter on the left side of the road, but the accused-petitioner struck the jeep against the scooter, as a result of which, Anju died whereas Sewa Singh and Puran Chand received injuries. The accident was witnessed by the complainant Satpal along with Rajinder Kumar who were going towards village Rua.

4. During investigation, autopsy on the dead body was performed. Both the injured were medico legally examined. Both the vehicles were taken into possession. Scene of the accident was got photographed. The accused-petitioner was arrested. After the necessary investigations were over, the case was sent up for trial.

5. On the basis of the above allegations, the accused-petitioner was charged by the Magistrate for the offences under Sections 279, 337, 338 and 304-A of the Indian Penal Code, to which he pleaded not guilty and claimed trial.

6. In evidence, the prosecution examined PW-1 Satpal complainant, PW-2 Rajinder Kumar eye witness, PW-3 Puran Chand injured, PW-4 Constable Jai Kishan, PW-5 Tara Chand Motor Mechanic, PW-6 ASI Naresh Kumar, PW-7 HC Navainder Singh, PW-8 Dr. J.P. Bharal, PW-9 Dr. Harbans Singh, PW-10 SI Niranjan Singh, PW-11 Constable Ramesh and PW-12 Naresh Kumar Photographer.

7. The following documents were exhibited during the course of the Trial:-

13.	Ex.PW8/A	MLR of Puran Chand
14.	Ex.PW8/B	X-ray film
15.	Ex.PW8/C	X-ray report
16.	Ex.PW8/D	Doctor's opinion
17.	Ex.PW8/E	Ruqa to S.H.O.
18.	Ex.PW9/A	Post Mortem Report
19.	Ex.P1 to P4	Photographs
20.	Ex.P5 to P8	Negatives

8. After the prosecution concluded its evidence, the accused-

petitioner was examined under Section 313 of the Code of Criminal Procedure in which he denied the allegations levelled against him.

9. Based on the evidence led, the accused/petitioner came to be convicted and sentenced by the court of Sub Divisional Judicial Magistrate Pehowa vide judgment of conviction and order of sentence dated

09/10.01.2007 as under:-

Offence under Section	Sentence RI/SI	Fine	RI/SI in default of payment of fine
279 IPC	--	Rs.500/-	--
337 IPC	RI for 02 months	Rs.500/-	--
338 IPC	RI for 06 months	Rs.500/-	--
304-A IPC	RI for 01 year	Rs.1,000/-	RI for 06 months

All the sentences were ordered to run concurrently.

10. The

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