GURDEV SINGH Vs. STATE

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the impugned order dated 2.7.2007 whereby first appellate Court has dismissed the appeal filed by the petitioner.

(2.) The brief facts of the case are that the appellant was driving a truck No. HR 38 BG 0127 in a rash and negligent manner and while so driving at about 7.45 a.m. in front of Om Can Handicarfts, Mehrauli Mahipalpur Road, Masood Pur, New Delhi, he hit against master Rinku, aged about 7 years who was crossing the road at that time. Both the legs of Rinku got damaged in the said accident. His right leg was amputated below the knee and the other leg was also damaged which had to be amputated later on. Charge u/s 279/338 IPC was framed against the accused on 25.5.1999 to which the appellant pleaded not guilty and claimed trial. Prosecution has examined as many as seven witnesses.

(3.) I have gone through the statements of the witnesses. PW-6, Parvesh Massi, is the star witness of the prosecution in this case. In his statement he has deposed that on 14.9.1998 at about 7.30 am. He was going to drop his son Rinku to his school. When they reached at Mehrauli Road, one truck No. HR -38-BG-0127 which was driven at a very high speed came from the side of Mehrauli and caused the accident of his son who was trying to cross the road. It had struck against the child at that time when his child had already crossed the road and he was at the other side of the road when the child was hit by the said truck. The accused present in the Court was identified by PW-6. The accused ran away from the spot after committing the accident, thereafter, he removed his son to the hospital. The accident took place due to the rash and negligent driving of the petitioner. I have also gone through the cross examination of this witness and he has denied the suggestion that his son was running while crossing the road. He has denied the suggestion that at that time he was at the shop purchasing some articles. I have also gone through the statements of all the witnesses who have supported the case of the prosecution. I have also gone through the statement of the accused recorded u/s 313 Cr.P.C. The accused in his statement has submitted that he was driving a truck No. HR-38-BG-0127 on the date of incident and when he reached speed breaker near a Government School, he slowed down his truck. 5-6 children were standing at the Patri and they rushed to cross the road. Accused applied his brakes but one child got injured. Accused stopped the truck and took the child to the hospital.