Ram Niwas vs State of Haryana

S.S. Grewal, J. (Oral)

This revision petition is directed against the order of Additional Sessions Judge, Narnaul, dated 871993 whereby, the conviction of the present petitioner under Section 338/337 of the Indian Penal Code was maintained. The petitioner was sentenced to undergo rigorous imprisonment for six months under Section 337 of the Indian Penal Code and the sentence of imprisonment of two years rigorous imprisonment awarded by the learned trial Magistrate under Section 338 IPC was reduced to rigours rigorous imprisonment for one year. Both the substantive sentences were ordered to run on currently. The conviction and sentence passed by the trial Court under secs. 279 and 304A of the IPC was set aside. Aggrieved against the order of conviction, and sentence, the petitioner has filed the present revision petition. This revision petition was admitted on the question of sentence awarded by the Courts below to the petitioner.

In brief facts relevant for the disposal of this petitioner are that on 2671987 the petitioner was driving his tempo on Narnaul Kunjpura road. When the said tempo carrying passing reached near the Rest House near a culvert, the front wheel of the tempo was detached, and the passengers travelling in the tempo fell on the road. Meanwhile bus driven rashly and negligently by Mahabir coaccused of the petitioner came and overrun passengers who had fallen down on the road from the tempo. As a result of the said accident Jagmal Singh and Kalu Ram died at the spot, whereas, Mohar Singh, Ram Chander, Sultan, Ganesh, Pat Ram, Rajesh, Bhgwana Kailash and Saroj received simple injuries. The first information report in this case was recorded on the basis of the statement of Kailash one of the passengers travelling in the tempo. After completion of the investigation, the present petitioner and his coaccused Mahabir were challaned. The petitioner was tried, convicted and sentenced by the Court below as stated earlier.

The learned counsel for the parties were heard.

On behalf of the petitioner, it was mainly contended that as far as the present petitioner is concerned, he was merely driving the tempo and the passenger fell down because one of the wheels of the tempo was detached and thereafter bus driven by Mahabir co accused ran over those passengers.

Taking into consideration the over all facts and circumstances of the case Ram Niwas petitioner is directed to be released on probation under Section 4(1) of the Probation of Offenders Act, 1958 for a period of one year subject to his furnishing personal bond and surety bonds in the sum of Rs. 5000/ with one surety in the like amount to the satisfaction of the trial Magistrate. The petitioner shall undertake to keep peace, be of good behaviour during the said period of probation and he shall further undertake to appear in the Court as and when called upon to receive sentence during the aforesaid period of probation.

Except with this modification, there is no merit in this petition and the same is hereby dismissed.