High Court Punjab-Haryana High Court

Sukh Ram vs State Of Punjab on 6 March, 2009

Punjab-Haryana High Court
Sukh Ram vs State Of Punjab on 6 March, 2009
Crl.Rev.No.1053 of 1999                                        [1]

IN THE HIGH COURT OF PUNJAB                       AND HARYANA AT
               CHANDIGARH.



                                      Criminal Revision No.1053 of 1999

                                      Date of Decision: 6 - 3 - 2009



Sukh Ram                                                .....Petitioner


                               v.



State of Punjab                                         .....Respondent


CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA

                               ***

Present:     Mr.M.S.Joshi, Advocate
             for the petitioner.

             Mr.Mehardeep Singh, AAG, Punjab.


                               ***

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Counsel for the petitioner at the outset has stated that he will

not assail the conviction as two Courts below have given concurrent

findings of fact. It has been held by two Courts below that petitioner is

guilty of rash and negligent driving and thereby has caused the death of

Munshi Ram.

Brief facts can be gathered from the judgments of two Courts

below. Munshi Ram was admitted in Christian Medical College and

Hospital, Ludhiana where ASI Surinder Singh, Incharge of concerned police

post reached and recorded the statement of Rajinder Kumar son of Munshi
Crl.Rev.No.1053 of 1999 [2]

Ram. Complainant stated that his father Munshi Ram and Malkiat Singh on

10.11.1991 were going towards village Phoolanwal on Pakhowal road for

bringing milk. At about 8.15 A.M. when his father reached near turning

point of Kabir Colony, then a Maruti Van came at a very high speed and

driver of the vehicle had not blown the horn and hit his father. Description

to determine the identity of the driver was given in the FIR.

Eight witnesses were examined by the trial Court. The Court

believed the version of eye witness Malkiat Singh. As regards the argument

regarding identity was concerned, trial Court held the petitioner to be the

driver of the vehicle.

Mr.Joshi has stated that he is conscious that revisional Court

cannot tread on the path of re-appreciation and re-appraisal of the evidence.

He has further stated that in the present case, occurrence had taken place on

10.11.1991. The petitioner was aged about 19 years at the time of

occurrence. More than 17 years are going to elapse. The petitioner has

suffered a protracted trial of about 17 years. He is the only bread earner of

his family. Petitioner had undergone 1½ moths of sentence. Counsel stated

that petitioner has not committed any offence before or after the occurrence.

Counsel has further stated that petitioner is ready to compensate the family

of deceased Munshi Ram.

Taking into consideration the submission made by counsel for

the petitioner, that petitioner has suffered a protracted trial of 17 years and

has large family to support, the sentence of one year simple imprisonment

awarded to the petitioner is reduced to the period already undergone.

However, the sentence of fine is enhanced to Rs.35,000/-. The enhanced

amount of fine be deposited within three months from the date of receipt of
Crl.Rev.No.1053 of 1999 [3]

certified copy of the order. The fine so deposited be disbursed to legal heirs

of Munshi Ram. In case the fine is not deposited, the benefit in reduction of

sentence shall not accrue to the petitioner. Revision petition is disposed off.

( KANWALJIT SINGH AHLUWALIA )
March 6, 2009. JUDGE

RC