High Court Punjab-Haryana High Court

Present : Mr. K.D.S.Hooda vs Unknown on 10 March, 2009

Punjab-Haryana High Court
Present : Mr. K.D.S.Hooda vs Unknown on 10 March, 2009
Crl. Revision No.1387 of 2002                                  1



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.



                                           Crl. Revision No.1387 of 2002
                                           Decided on 10.3.2009.



Manjit Singh             Versus           State of Haryana



Present :      Mr. K.D.S.Hooda, Advocate for the petitioner.
               Mr. K.S.Godara, D.A.G. Haryana.


L.N.MITTAL,J. (Oral)

Manjit Singh has filed this revision petition challenging his

conviction and sentence ordered by learned Chief Judicial Magistrate,

Faridabad vide judgment and order dated 30.5.2001 and order dated

31.5.2001 as affirmed in appeal with reduction in sentence by learned

Additional Sessions Judge, Faridabad vide judgment dated 10.7.2002.

Learned trial Magistrate convicted the petitioner under Section 304-A of

the Indian Penal Code (in short – IPC) and sentenced him to undergo

rigorous imprisonment for one year and to pay fine of Rs.4000/- and in

default thereof, to undergo further rigorous imprisonment for three months.

In appeal, learned Additional Sessions Judge reduced the sentence of

imprisonment from one year to nine months while maintaining the fine

amount.

According to the prosecution version, on 7.7.1997 at night,

Nasroo (since deceased), Jagmal and Ramjan hired a canter No.RJ-02G-

3839 for transporting stones from Seekri in Rajasthan to bring it to a village
Crl. Revision No.1387 of 2002 2

in District Gurgoan. Stones were loaded in the body of the canter and

above-said three persons sat on the stones. The petitioner was driving the

aforesaid canter rashly and negligently. The aforesaid persons asked him to

drive the canter at slow speed but the petitioner did not care. At about 4.00

a.m. near Elson Cotton Mill Chowk, Ballabgarh, the canter over-turned on

its left side. Nasroo, Jagmal and Ramjan fell down. Nasroo was buried

under the stones, Jagmal and Ramjan pulled him out and removed him to

Government Hospital, Ballabgarh, and then to Government Hospital,

Faridabad. Nasroo lodged FIR by making statement to the police. Nasroo,

however, succumbed to his injuries on 9.7.1997.

The prosecution examined three witnesses. Dr.Subhash

Wadhwa, (PW-1) stated about medico-legal examination of Nasroo.

Dr.Arvind (PW-2) stated about post mortem examination of the deceased.

Ramjan (PW-3) stated broadly according to the prosecution version that the

petitioner by driving the canter rashly and negligently caused accident

resulting in death of Nasroo.

The petitioner, in his statement under Section 313 of the Code

of Criminal Procedure ( in short – Cr.P.C.), denied the prosecution version

and claimed to be innocent. In defence, the petitioner examined Baljit

Singh (DW-1), who was cleaner of the canter at the relevant time. He stated

that Nasroo etc. over loaded the canter with stones and did not desist from

doing so on being asked. He also stated that on the way near Palwal, it was

drizzling and the petitioner halted the canter so that it could not over turn

while being driven, but Nasroo etc. asked the driver to move on.
Crl. Revision No.1387 of 2002 3

I have heard learned counsel for the parties and perused the

case file with their assistance.

Ramjan (PW-3) has stated according to the prosecution version

that the petitioner was driving the canter rashly and negligently and

consequently, the canter overturned. There is also statement of Nasroo

(deceased) made to police and the same can be used as dying declaration.

Moreover, Baljit Singh, cleaner of the canter, has also admitted that the

petitioner was driving the canter and it over turned resulting in death of

Nasroo. The very fact that the canter overturned would lead to presumption

of rash and negligent driving of the canter by the petitioner. Said

presumption has not been rebutted in any manner. There is also statement

of Ramjan (PW-3) to prove that the petitioner was driving the canter rashly

and negligently. There is also statement of Nasroo made to the police to the

same effect. Moreover, even if the version of the petitioner is accepted, it

would also point towards the negligence of the petitioner himself. If

Nasroo etc. overloaded the canter, the petitioner should not have driven the

same. Similarly, if the petitioner apprehended that the canter would

overturn on account of drizzling, he should not have driven the canter even

if he was asked to do so by Nasroo etc. Moreover, the statement of Baljit

Singh (DW-1), who is colleague of the petitioner, cannot be accepted in the

face of testimony of Ramjan (PW-3), who had no reason to depose falsely

against the petitioner. There is concurrent finding of guilt of the petitioner

by both the Courts below. The said finding has been recorded after

appreciating the evidence on record. The said finding is neither perverse

nor illegal so as to warrant interference in exercise of revisional jurisdiction.
Crl. Revision No.1387 of 2002 4

Even learned counsel for the petitioner could not advance any meaningful

argument to assail the finding of conviction except raising the pleas of

overloading of the canter and drizzling on the way, but the said pleas are

not acceptable, as discussed hereinbefore. Accordingly, the finding of

conviction of the petitioner is affirmed.

Learned counsel for the petitioner vehemently contended that

the accident occurred in July 1997 i.e. almost twelve years ago and,

therefore, sentence of imprisonment awarded to the petitioner should be

reduced.

The prayer has been emphatically opposed by the learned State

counsel.

I have carefully considered the matter.

Sentence of imprisonment for one year awarded to the

petitioner by the trial Magistrate has already been reduced to imprisonment

for nine months by the Appellate Court. The said sentence does not warrant

further reduction. Rash and negligent driving of the canter by the petitioner

resulted in the death of Nasroo. Sentence of imprisonment for nine months

for the aforesaid offence cannot be said to be excessive. Accordingly,

finding no merit in the instant revision petition, the same is dismissed.

The petitioner, who is on bail, shall surrender to his bail bonds

or shall be arrested to undergo the remaining part of his sentence.

( L.N. MITTAL )
JUDGE

March 10, 2009
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