Angrej Singh v. State of Haryana

PRESENT: Mr.Jitender Dhanda, Advocate, for the petitioner. Mr.S.S.Mor, Sr.DAG, Haryana. **** ORDER The present revision petition has been filed by petitioner Angrej Singh against judgment dated 1.9.2010 passed by Addl. Sessions Judge, Fatehabad vide which the appeal filed by him against judgment of conviction and order of sentence dated 2/4.5.2009 passed by Judicial Magistrate Ist Class, Fatehabad under Sections 279/304-A IPC has been dismissed and conviction and sentence has been upheld. Notice in the revision as well as in the application for suspension of sentence was issued on 15th September, 2010. Learned counsel for the petitioner at the very outset submits that he does not want to contest the conviction of the petitioner but prays for reduction in the sentence to the period already undergone as he has suffered the agony of protracted trial for the last Crl. Revision No.2526 of 2010 [2] about seven years and is not a previous convict. Against the total sentence of two years, the petitioner has undergone more than two months of actual sentence. He is a poor person and only bread earner of the family. The case of the prosecution is that on 29.3.2003 at about

9.30 a.m. while Chandgi Ram, father of complainant, was crossing the road near bus stand Fatehabad, a truck being driven by the petitioner in a rash and negligent manner struck against his father. His father fell down on the road and received injuries on the head as well as feet which proved fatal. The driver of the truck stopped at some distance and ran away after leaving the vehicle there. Statement of complainant Om Parkash Ex.PA was recorded on the basis of which FIR Exhibit PW5/A was recorded. The accused was arrested and his driving licence was taken into possession. After completion of investigation, the petitioner was challaned for offence under Sections 279/304-A IPC. He was charge-sheeted accordingly. The trial Court vide judgment of conviction and order of sentence dated 2/4.5.2009, convicted and sentenced the petitioner under Sections 304-A/279 IPC as under: Under Section 304-A IPC Under Section 279 IPC To undergo simple imprisonment for two years with fine of Rs.1000/- ; in default of payment of fine, to further undergo SI for one month. To undergo simple imprisonment for six months. Against the judgment of conviction and order of sentence dated 2/4.5.2009 passed by Judicial Magistrate Ist Class, Fatehabad the petitioner filed an appeal before Addl. Sessions Judge, Crl. Revision No.2526 of 2010 [3] Fatehabad which was dismissed and conviction and sentence passed by trial Court was upheld. The present revision petition has been filed against judgment dated 1.9.2010 passed by Addl. Sessions Judge, Fatehabad. Learned counsel for the petitioner submits that no identification parade was conducted after arrest of the petitioner in the present case. There is no link evidence connecting the petitioner with the accident in question in absence of identification parade. There are material contradictions in the statements of prosecution witnesses which the learned Courts below have not taken into consideration. The petitioner has already faced the agony of protracted trial for the last about seven years and he is not a previous convict. Learned counsel also submits that the petitioner is ready to give some reasonable amount of compensation to the family of the deceased, if sentence is reduced to the period already undergone by him as he has suffered a lot. Mr.S.S.Mor, Sr.DAG, Haryana has also no objection in reduction of the sentence in case petitioner is ready to give some reasonable amount of compensation to the family of the deceased. I have heard the arguments of learned counsel for the parties and have also gone through the judgments of both the Courts below and other documents available on the file. In this case, the FIR was registered on the basis of statement made by complainant Om Parkash by stating that on

29.3.2003 at about 9.30 a.m. while his father Chandgi Ram was crossing the road near bus stand Fatehabad, a truck being driven by Crl. Revision No.2526 of 2010 [4] the petitioner in a rash and negligent manner, struck against his father who fell down on the road and received injuries on the head as well as feet which proved fatal. The driver of the truck stopped at some distance and ran away after leaving the vehicle there. The accused was arrested vide memo Ex.PW4/A and his deriving licence was taken into possession. The learned counsel for the petitioner has not contested the conviction of the petitioner and has made a prayer for reduction in the sentence to the period already undergone by him as he has already suffered the protracted trial for the last about seven years. The petitioner is ready to deposit some reasonable amount of compensation to the family of the deceased. Without saying much more on merits of the case, since the learned counsel for the petitioner has not contested the conviction of the petitioner and has restricted his prayer to the sentence part only with the submission that sentence be reduced to the period already undergone. The petitioner has undergone more than two months of actual sentence against the total sentence of two years and has already suffered the agony of protracted trial since March, 2003. Keeping in view the fact that the petitioner is first offender having no criminal background and has already undergone more than two months of actual sentence against total sentence of two years and has faced the agony of protracted trial since March 2003, the prayer of the petitioner seems to be genuine. Under these circumstances, while maintaining the Crl. Revision No.2526 of 2010 [5] conviction of the petitioner under Sections 304-A and 279 IPC, the sentence imposed upon him is reduced to the period already undergone subject to payment of Rs.50,000/- as compensation to the family of the deceased. The said amount be deposited before the trial Court within a period of one month from the date of release from the jail, failing which the petitioner would undergo the remainder of sentence. With the above modification of sentence, the revision petition is dismissed. December 13, 2010. raghav (DAYA CHAUDHARY) JUDGE