SHAMSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present revision petition has been preferred by the petitioner against the judgment of conviction dated 07.12.2006 and order of sentence dated 11.12.2006 passed by the Judicial Magistrate First Class, Rewari, whereby, petitioner was convicted and sentenced under Sections 279, 337, 338 and 304-A of the Indian Penal Code (hereinafter referred to as 'IPC') as follows:-

(2.) All the sentences were ordered to run concurrently, appeal against the said judgment of conviction and order of sentence was filed by the petitioner was dismissed by the Additional Sessions Judge, Rewari, on 05.07.2007.

(3.) It is the contention of the learned counsel for the petitioner that the petitioner had not been driving the vehicle rashly and negligently as has been stated so in the judgments passed by the Courts below convicting him for the offences referred to above. He contends that as a matter of fact, the petitioner was not even driving the vehicle. Apart from that, he contends that the tractor-trolly, which is alleged to have been hit by the mini-bus which is said to have been driven by the petitioner, did not have any light and therefore, it cannot be said that the driver of the mini-bus was negligent and was driving the vehicle rashly. Even the witnesses have not identified the petitioner as driver of mini-bus and said that they have not seen the driver of the offending vehicle. Admission has also been made by one of the eye-witnesses namely Mahesh Kumar (PW-4) that the tractor did not have any light. He, thus, contends that the petitioner has wrongly been convicted and sentenced by the Courts below and deserves acquittal.