High Court Punjab-Haryana High Court

Krishan Kumar vs State Of Punjab on 19 August, 2009

Punjab-Haryana High Court
Krishan Kumar vs State Of Punjab on 19 August, 2009
Crl. Rev. No. 510 of 1998              1

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                            Crl. Rev. No.510 of 1998
                            Decided on : 19-08-2009

Krishan Kumar
                                             ....Petitioner

                     VERSUS

State of Punjab
                                             ....Respondent


CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER


Present:-     Mr. S.S.Siao, Advocate for the petitioner.

              Mr. B.B.S.Teji, AAG, Punjab.


MAHESH GROVER, J

              This revision petition is directed against the judgments of

Additional Sessions Judge dated 12.5.1998 and that of the learned Trial

Court dated 4.2.1998.

              The petitioner was convicted under the provisions of Section

304 A IPC and was sentenced to undergo RI for two years and to pay a fine

of Rs.1000/- and in default to further undergo RI for two months.

              Facts

of the case are that deceased while going on a bicycle was

hit by the bus driven by the petitioner as a result of which the complainant

fell down on the kuchha side of the road while deceased who was alongwith

him died. It was contended by the learned counsel for the petitioner that

judgments of both the Courts below are erroneous and are liable to be set

aside. He has stated that no accident was caused with his bus and identity

of the bus was not established. He also contended that the presence of the

complainant at the spot was also doubtful. Reference was made to the
Crl. Rev. No. 510 of 1998 2

report of the mechanic to say that the bus even if assumed to have been

involved in the accident was mechanically defective as it was tilting towards

one side. Therefore, driver-petitioner was not at fault.

On the other hand, learned counsel for the respondent has

contended that the accident is proved beyond any shadow of doubt. The

petitioner has merely pleaded innocence but not shown as to how

prosecution allegations were false. He further contended that photographs

which are on record as Ex.P-4 to P-6 show that the bus had stopped at short

distance from the spot of the accident which is also the case of the defence.

It was next contended that in view of the overwhelming evidence petitioner

cannot escape conviction and sentence. Further the bus belongs to Pepsu

Road Transport Corporation which was a public sector undertaking and it

was relatively easy for the petitioner to prove his innocence by showing that

the bus was not plying on the said route or that he was not the driver of the

bus at the time of accident. He further contended that in view of the

overwhelming evidence on record, the present petition deserves to be

dismissed.

I have heard learned counsel for the parties and have perused

the impugned judgments and record.

The photographs which are on record as Ex.P-4 to P-6 show

that the bus is standing at the spot of the accident. It is also the case of the

prosecution that bus stopped at about 40-50 yards from the site of the

accident and the driver remained at the spot. The deceased was taken to the

hospital. In this view of the matter, there is hardly any ambiguity in the

evidence recorded by the Courts below that the bus was involved and the

petitioner was driving the said bus at the time of the accident. The plea of
Crl. Rev. No. 510 of 1998 3

innocence which has been raised by the petitioner does not merit

acceptance for the simple reason that the bus belongs to a public sector

undertaking and it could have been proved by producing adequate evidence

on record that the said bus was not involved in the accident and even if bus

was involved, petitioner was not driver of the bus at the time of the

accident. But no such evidence was led by the petitioner. In view of the

fact that there is cogent evidence to prove the complicity of the petitioner in

accident inviting conviction under Section 304A IPC, I am of the

considered opinion that the present revision petition is totally devoid of any

merit by looking at it from any angle. The report of the mechanic relied

upon by the petitioner also does not show that the bus was defective and

that accident was not caused by the said bus. It is the case of the

prosecution that deceased alongwith complainant was going on bicycle and

bus has merely brushed on his elbow and he fell down and it resulted in his

death. In such an eventuality when the bus has merely touched the elbow of

the deceased who was on bicycle and got destablised by the impact, it could

not be expected that the bus would be damaged. Therefore, the contention

is rejected.

No ground to interfere. Dismissed.

At this stage, learned counsel for the petitioner contends that

the petitioner is a first offender and has not been involved in any other case.

He further contends that considering the fact that accident took place in the

year 1991 when the petitioner was 40 years of age and 18 years have passed

since then, no fruitful purpose will be served by sending him to jail at this

stage of life when he is just about to retire and is much advanced in age.

Court has considered this aspect of the matter and having
Crl. Rev. No. 510 of 1998 4

regard to the aforesaid facts, I deem it appropriate to direct that the sentence

of the petitioner is reduced to the extent of what he has already undergone

and alternate sentence of fine is enhanced to Rs.50,000/- considering the

facts that he was 40 years of age at the time of accident and by now he has

advanced in age and also considering the fact that he has faced the ordeal of

criminal trial for last 18 years.

Amount of Rs.50,000/- shall be paid to the family of the

deceased. The said amount be deposited before the Trial Court within a

period of two months from today and the same shall be disbursed to the

L.Rs of the deceased after due verification.

However, it is made clear that in case the needful is not done

within the stipulated period then the conviction and sentence awarded by

the Courts below shall automatically stand revived.

Disposed of.

August 19, 2009                                 (Mahesh Grover)
rekha                                              Judge