A revision petition does not permit re-appreciation of evidence unless there is clear illegality or perversity in the findings, and habitual offenders in fatal road accidents are denied the benefit of probation as deterrence is a primary consideration in sentencing.

VINOD S. BHARDWAJ, J.

The present criminal revision petition has been preferred against the judgment of conviction dated 08.01.2020 and order of sentence dated 10.01.2020 passed by the Judicial Magistrate First Class, Rewari, in criminal case bearing No.307 of 2015, arising out of FIR bearing No.196 dated 13.08.2015, under Sections 279, 337 and 304A of the Indian Penal Code, 1860, registered at Police Station Khol, whereby the revisionist-petitioner had been convicted and sentenced as under:-

A further challenge is also made to the judgment dated 22.09.2025 passed by the Additional District and Sessions Judge, Rewari, in criminal appeal bearing CRA-16/2020 vide which the appeal filed by the petitioner has been dismissed.

Brief facts of the prosecution case are that on 13.08.2015, a telephonic information was received from Police Post, General Hospital, Rewari regarding the death of one Malkhan Singh after he had sustained injuries in a road accident. Upon receipt of the said information, EHC Bhagwan Singh reached the Government Hospital, Rewari, where statement of complainant Naresh Kumar was recorded. The complainant stated that he is a resident of Village Paira and that on the morning of 13.08.2015, he had gone to meet his uncle Malkhan Singh, who used to reside in his fields situated on Narnaul Road. It was further stated that the complainant along with his uncle Malkhan Singh intended to go to Village Hudia Khurd Gujjarkhai. According to the complainant, Malkhan Singh started from his residence situated in the fields on Narnaul Road towards Village Hudia Khurd on his motorcycle along with his wife Manju Devi, who was travelling as a pillion rider. The complainant further stated that he himself was following them on his motorcycle bearing registration No. HR-36V-1154. It was alleged that when Malkhan Singh reached near the Hudia turn ahead of Sitara Hotel, a pickup vehicle bearing registration No. RJ-32GB-0144, being driven in a rash and negligent manner, came from the side of Kund Barrier and collided head-on with the motorcycle being driven by Malkhan Singh. As per the complainant, due to the impact of the collision, Malkhan Singh and his wife Manju Devi fell on the road and sustained multiple injuries. It was further alleged that immediately after the accident, the driver of the offending pickup vehicle fled away from the spot along with the vehicle. The complainant, however, asserted that he could identify the driver of the offending vehicle. The complainant further stated that both the injured persons were initially shifted to Arvind Hospital, from where they were referred to Government Hospital, Rewari for further treatment, however, upon reaching Government Hospital, Rewari, Malkhan Singh was declared brought dead by the attending doctors. On the basis of the aforesaid statement, the present FIR was registered.

During the course of investigation, the petitioners were arrested, statements of witnesses under Section 161 Cr.P.C. were recorded and the site plan of the place of occurrence was prepared. During the course of investigation, the offending pickup vehicle bearing registration No. RJ-32GB-0144 was taken into police possession. Thereafter, notice under Section 133 of the Motor Vehicles Act was issued to the registered owner of the aforesaid vehicle. Upon completion of investigation, the final report/challan was presented before the competent Court.

On presentation of the challan, copies thereof were supplied to the petitioner free of costs as provided under Section 207 of Cr.P.C.

On perusal of the material collected during investigation, a prima-facie case for the commission of offences punishable under Sections 279, 337 and 304A of Indian Penal Code was made out against the petitioner to which petitioner pleaded not guilt