Kulwinder Singh v. State of Punjab

Present: Mr. Surinder Singh Siao, Advocate for the petitioner. Mr. J.S. Bhullar, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been preferred by Kulwinder Singh son of Gulzar Singh. He was tried by the Court of Judicial Magistrate (1st Class), Barnala in a case FIR No.148 dated 11.06.1999 registered at Police Station Kotwali Barnala under Sections 279/427/337/304-A IPC. The Court of Judicial Magistrate (1st Class), Barnala vide impugned judgment dated 17th September, 2001 held the petitioner guilty of an offence punishable under Sections 279, 337 and 304-A IPC and thereafter, vide a separate order of even date, sentenced him under Sections 279 and 337 IPC to undergo rigorous imprisonment each for a period of six months and under Section 304-A IPC to undergo rigorous Criminal Revision No.2480 of 2002 2 imprisonment for two years. All the sentences were ordered to run concurrently. Aggrieved against the same, petitioner had filed an appeal. The appellate Court below found no merit in the appeal and had dismissed the same. Conviction of the petitioner was upheld and his sentence was maintained. FIR, in the present case, was registered on the statement made by Mohinder Singh PW-3. He stated that he was residing at village Handiala and was working at the brick kiln of one Vijay Kumar. He was employed as a driver on the tractor-trolley of the brick kiln. On 11th June, 1999 at about 1.00 p.m. he had loaded the tractor-trolley with bricks and was going to village Chhana along with one Balli son of Hakam Singh. When they reached near the crossing of the village, one canter bearing registration No.9684 came from the side of Dhanaula. The petitioner was driver of the offending canter. The canter struck against the tractor-trolley, due to which hook of the tractor-trolley was broken and the canter also turned turtle. The driver of the offending canter was apprehended by constable Sukhwinder Singh, to whom he disclosed his name as Kulwinder Singh. Constable Sukhwinder Singh went to rescue Ganga Ram and Munna Ram, who were sitting in the canter. At that time, the driver of the canter escaped from the spot. The accident had taken place due to rash and negligent driving of the canter driver, who was driving the vehicle at a very high speed. Constable Sukhwinder Singh brought Ganga Ram and Mohinder Singh complainant to Civil Hospital, Barnala for treatment. Later-on Ganga Ram died. Tata Tempo has been described as canter as the witnesses. The above said FIR was investigated and report under Section 173 Cr.P.C. was submitted against the accused petitioner. Criminal Revision No.2480 of 2002 3 The Court of Additional Chief Judicial Magistrate, Barnala on 15th October, 1999, charged the petitioner. The charge stated that he was driving Tata Tempo No.PB08-J/9684 in a rash and negligent manner to endanger human life and personal safety of others, thereby he had committed an offence punishable under Section 279 IPC. For causing death of Ganga Ram while driving the vehicle in rash and negligent manner, the petitioner was charged for offence punishable under Section 304-A IPC and for causing injuries to Mohinder and Munna, he was further charged for offence under Section 337 IPC. Prosecution examined Harbans Singh PW-1, who had conducted mechanical test of the tractor and the offending vehicle. Dr.Nursi Ram PW-2 had found one injury on the right leg of Mohinder Singh. On the person of Munna, there were three injuries but all of them were simple in nature. Ganga Ram also suffered three injuries. At the time of medico legal examination, he was unconscious. Later Ganga Ram died. Dr.Anil Verma PW-5 had conducted post-mortem on the dead body of Ganga Ram. Mohinder Singh complainant, driver of the tractor-trolley appeared as PW-3 and reiterated as to what was stated in the FIR. Balli Singh, who was traveling in the tractor, appeared as PW-4. Inspector Piara Singh, who had carried the investigation, appeared as PW-6. Thereafter, statement of the accused under Section 313 Cr.P.C. was recorded and all incriminating circumstances were put to him. He denied the same and stated that he had been falsely implicated. No witness was examined in defence. Mr.Surinder Singh Siao, Advocate appearing for the petitioner, has submitted that since both the courts below have relied Criminal Revision No.2480 of 2002 4 upon the testimonies of complainant injured Mohinder Singh PW-3 and Balli Singh PW-4, he will not venture to assail the conviction of the petitioner. Learned counsel has stated that he is conscious that this Court, while exercising revisional jurisdiction, cannot tread on the path of re-appraisal or re-appreciation of the evidence. However, he has submitted that occurrence, in the present case, had taken place in the year 1999. The petitioner has already suffered mental pain and agony of a protracted trial for about eleven years. Learned counsel has further relied upon an affidavit filed by Shivraj Singh Nandgarh, Deputy Superintendent Sub Jail, Barnala, who has stated that the petitioner had undergone about five months and six days of actual sentence out of the total sentence of two years rigorous imprisonment awarded to him. Learned counsel has further submitted that the petitioner is ready and willing to compensate the family of the deceased Ganga Ram in monetary terms. This Court is conscious that sending the petitioner behind the bars at this stage after eleven years will not serve any useful purpose. However, if some monetary compensation is provided to the family of the deceased, it may provide some solace. Accordingly, this Court is of the opinion that ends of justice will be fully met in case sentence of the petitioner is reduced to the period already undergone. However, a fine of Rs.35,000/- is imposed upon the accused petitioner. The amount of fine shall be deposited in the trial Court within three months after receipt of certified copy of this order. In case the amount of fine is not deposited, no benefit of reduction in sentence shall accrue to the petitioner. Ganga Ram deceased was a migrant labourer and was a resident of village Kochi Gaon in Madhya Pradesh, therefore, the trial Criminal Revision No.2480 of 2002 5 Judge shall make every endeavour to disburse the amount of compensation to the family of the deceased. With the observations made above, present revision petition is disposed of. May 25, 2010 [KANWALJIT SINGH AHLUWALIA] JUDGE