CRR No.219 of 2013(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR No.219 of 2013(O&M)

Date of decision: 17.05.2013

Rajpal

.....Petitioner

VERSUS

State of Punjab

.....Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr. Ramandeep, Advocate for the petitioner.

Ms. Harsimrat Rai, DAG Punjab.

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NARESH KUMAR SANGHI, J.(oral)

Challenge in this criminal revision petition is to the judgment

dated 06.12.2012 passed by learned Additional Sessions Judge, Patiala,

whereby the appeal filed by the petitioner challenging his conviction and

sentence for the offences punishable under Sections 279, 337 and 338 of the

Indian Penal Code was dismissed with a modification in the term of

sentence awarded under Section 338, IPC, from one year to eight month.

When the criminal revision petition came up for preliminary

hearing at that time, learned counsel for the petitioner submitted that he did

not want to challenge the verdict of conviction recorded against the

petitioner for the offences punishable under Sections 279, 337 and 338, IPC.

However, he submitted that in view of the facts and circumstances of the

case, the sentence awarded to the petitioner was on higher side. Therefore,

the notice of motion was issued for that limited purpose.

CRR No.219 of 2013(O&M)

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While deciding the issue, this Court deems it necessary to

evaluate the facts to satisfy the conscience of this Court with regard to the

verdict of guilt returned by both the Courts below. The counsel for the

parties have agreed that let this criminal revision petition be finally disposed

of at this stage.

The brief facts of the case are that complainant-Kulwant Singh

informed the police that he was a shopkeeper and on 16.08.2004, he along

with Inderjit Singh Ahluwalia was going towards Focal Point, Rajpura, on a

scooter bearing registration No.PB-11-N-1847. His son, Gagandeep Singh,

was also going ahead of them on another scooter bearing registration

No.PB-11-P-0460. At about 11.45 AM, when they reached near ALCON

Wire Factory, Rajpura, then a truck bearing registration No.HR-37-A-0130

came from the Food Factory side which was being driven rashly and

negligently by petitioner Rajpal and hit against the scooter being driven by

his son, Gagandeep Singh. Resultantly, left leg of Gagandeep Singh was

badly damaged. He (Gagandeep Singh) received injuries on other parts of

his body also. The injured was immediately shifted to the hospital but he

was referred to CMC, Ludhiana. During the course of investigation, the

injury found on the person of Gagandeep Singh was declared as grievous.

Therefore, Section 338, IPC, was also added to the FIR which was initially

registered for the offence punishable under Section 279 and 337, IPC. After

thorough investigation, the report under Section 173, Cr.P.C. was presented

before learned Area Judicial Magistrate. Finding a prima facie case for the

offences punishable under Sections 279, 337 and 338, IPC, the charges were

framed for the prosecution of the petitioner to which, he pleaded not guilty

CRR No.219 of 2013(O&M)

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and claimed trial. In order to substantiate its allegations, the prosecution

examined PW-1 Kulwant Singh Bedi, PW-2 Gagandeep Singh, PW-3

Inderjit Singh, PW-4 Dr. Manjit Singh, PW-5 HC Kaka Singh, PW-6

Devinder Singh, PW-7 Sukhchain Singh Bedi, and PW-8 C. Harbhajan

Singh.

After closure of the prosecution evidence, the incriminating

circumstances appearing on the file were put to the petitioner in terms of

Section 313, Cr.P.C. He denied all the allegations and pleaded false

implication. However, no evidence in defence was led.

After hearing counsel for the parties, learned Sub Divisional

Judicial Magistrate, Rajpura, held the petitioner guilty for the offences

punishable under Sections 279, 337 and 338 IPC and awarded the following

sentences:-

Sr.N