204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-5-2008 (O&M)

Date of decision: 22.08.2025 RAVINDER SINGH .....Petitioner Versus STATE OF PUNJAB .....Respondent CORAM: HON'BLE MR. JUSTICE H.S. GREWAL Present: Mr. M.K. Singla(cid:2)(cid:1)(cid:3)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:1)(cid:11)(cid:12)(cid:9)(cid:13)(cid:1)

Ms. Shikha Singla, Advocate Mr. Parminder Singla, Advocate(cid:1)

for the petitioner.

Mr. Rishabh Singla, AAG, Punjab.

****

(cid:1)

(cid:2)(cid:3)(cid:4)(cid:3)(cid:1)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:10)(cid:1)(cid:1)(cid:11)(cid:3)(cid:1)(cid:12)(cid:13)(cid:14)(cid:15)(cid:16)(cid:17)(cid:1)

1. The present revision petition has been filed against judgment of conviction and order of sentence dated 16.12.2005 passed by learned Chief Judicial Magistrate, Sangrur in FIR No.390 of 18.11.2001 under Sections 279, 304-A, 337 of IPC registered at Police Station Kotwali, whereby the petitioner has been convicted and sentenced as under:

2. Thereafter, the judgment of conviction and order of sentence dated 16.12.2005 passed by learned Chief Judicial Magistrate, Sangrur was upheld by the Appellate Court vide its judgment dated 04.12.2007.

3. The case of the prosecution is that on 17.11.2001, Darbara Singh (the complainant) alongwith his brother Tara Singh, sister in law and minor niece proceeded to village Balwan on separate scooters for collecting money from various relatives as they have leased out their land. In evening, his brother Tara Singh came on one Bajaj Chetak scooter bearing registration No. PB28A- 4766 while complainant and rest of the family followed him and the complainant was ahead of Tara Singh. While crossing through Sangrur at 5.45 PM, they reached near Radha Swami Satsang Bhawan on main road i. e. Sangrur Malerkotla road, then one tractor make Eicher whose front tyre was already punctured came from Dhuri side in a haphazard motion. The name of driver was later on known as Ravinder Singh son of Gurcharan Singh, resident of Bunglawala who was coming rashly and negligently. He tried to overtake the Rehra which was going ahead of him and on account of haphazard motion of the said tractor and of rash and negligent driving hit the scooter of his brother Tara Singh, who was on his correct side of road i.e. towards the left side. On hitting of the said tractor trolly, his brother sustained multiple injuries. His sister in law and niece also fell down on account of strong hitting and sustained multiple injuries. Tara Singh died at the spot on account of serious injuries on his head whereas his sister-in-law became unconscious. He took the injured to the hospital with the assistance of the people gathered at the spot. The said occurrence has taken place on account of rash and negligent driving of accused. On the basis of this statement, the FIR was got registered for committing the offence u/s

304A/337,279 IPC, 1860 and the investigation was started. The accused was arrested. The statements of the witnesses were recorded. The site plan was prepared. The RC of tractor was taken into possession. The RC of scooter was also taken into possession. On completion of investigation, the challan was prepared and presented in the Court against the accused for having committed the offence under section 304-A/337/279 IPC.

4. Thereafter, upon conclusion of the trial, the petitioner/accused was convicted by the Court of Chief Judicial Magistrate, Sangrur vide impugned judgment dated 16.12.2005 and vide even dated order, was sentenced to undergo rigorous imprisonment as enumerated above.

5. Learned counsel for the petitioner also submits that the petitioner has been suffering the agony of trial since 18.11.2001 and the revision petition is also an extension of trial. He is not involved in any other criminal case since the suspension of his sentence by this Court vide order dated 23.01.2008 during the pendency of present petition and it would be just and expedient to reduce the sentence awarded to the