Crl.Rev. No. 1495 of 2002

1

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Criminal Revision No. 3285 of 2009

Date of Decision: February 10, 2010

Dalbir Singh

...........Petitioner

Versus

State of Haryana

..........Respondent

Coram:

Hon'ble Mrs. Justice Sabina

Present: Mr.M.B.Jain, Advocate for the petitioner.

Mr.Y.S.Malik,Deputy Advocate

General, Haryana

**

Sabina, J.

Petitioner-Dalbir Singh was convicted for an offence under

Sections 279, 304-A of the Indian Penal Code (`IPC' for short) vide

judgment dated 30.10.2008 by the Additional Chief Judicial Magistrate

Kaithal. Vide order of even date, petitioner was sentenced to undergo

rigorous imprisonment for a period of three months and to pay a fine of

Rs.500/- for the commission of offence under Section 279 IPC. The

accused was further directed to undergo rigorous imprisonment for a period

of two years for an offence under Section 304-A IPC and to pay a fine of

Rs.5000/-. Aggrieved by the same, petitioner preferred an appeal and the

same was dismissed by the Additional Sessions Judge, Kaithal vide

Crl.Rev. No. 1495 of 2002

2

judgment dated 10.11.2009. Hence, the present revision petition.

The brief facts of the case, as noticed by the Appellate Court

in paras 2 to 5 of its judgment, are as under:-

“2.The story of the prosecution case as can be gathered from the

report under Section 173 Cr.P.C. and the accompanying

documents is that on 3.9.2000 SI Harikesh Singh was posted as

Incharge of Police post Titram where an information was received

regarding accident between motorcycle and TATA 407 vehicle.

On receipt of this information SI Harikesh Singh alongwith his

fellow police officials reached at the place of occurrence where

Ramesh Kumar son of Sugan Singh met him and said Ramesh

Kumar got his statement recorded with SI Harikesh Singh to the

effect that he is permanent resident of Mohalla Gari at Rajound

district Kaithal and is working as Clerk with Agricultural and

Rural Development Bank at Kaithal. The complainant Ramesh

Kumar son of Sugan Singh met him and said Ramesh Kumar got

his statement recorded with SI Harikesh Singh to the effect that he

is permanent resident of Mohalla Gari at Rajound District Kaithal

and is working as Clerk with Agricultural and Rural Development

Bank at Kaithal. The complainant Ramesh Kumar disclosed that

his younger brother Salinder Kumr is posted with police as

constable and is presently discharging his services with second

Battalion, Madhuban. Said younger brother of complainant had

come to Rajound a day prior to the incident and in connection

with State Assembly Election, he was to reach Chandigarh. The

brother of complainant started from residence at about 5.00 am on

Crl.Rev. No. 1495 of 2002

3

his motor cycle make Hero Honda bearing No. HR088-9631 for

Kaithal and he was being followed by the complainant Ramesh

Kumar as well as his uncle's son Jabbar Singh on a separate motor

cycle make Hero Honda. At about 6.30 a.m. when younger

brother of complainant had covered a distance of about two or two

and half kilometers from Titram turnning, a TATA 407 vehcile

came from the opposite side i.e. from Kaithal side which was

being driven by its driver at a fast speed. The brother of

complainant namely Salinder was driving his motor cycle at a

slow speed and on correct left side of the road. Because of fast

driving of TATA 407 vehicle by its driver, the said vehcile struck

against the motor cycle driven by Salinder Kumar and as a result

of impact the motorcyclist was dragged to the Kacha berm of the

road. The complainant as well as Jabbar Singh stopped their

motor cycle and noted down the number of TATA 407 vehcile as

HR 46-1057. The driver of TATA 407 vehicle,however, sped

away from the scene of accident. On account of injuries sustained

in the accident, Salender Kumar died on the spot. The

complainant remained at the place of occurrence whe