KARTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a revision petition against the judgments of the court below, convicting the accused petitioner under Sec. 304-A, 279 and 337 Indian Penal Code and sentencing him to undergo RI for one and a half years under Sec. 304A Indian Penal Code and to pay fine Rs. 500/ - and in default of payment of fine to undergo further RI for three months, RI for six months under Sec. 279 Indian Penal Code and RI for six months under Sec. 337 Indian Penal Code and ordering the sentences to run concurrently.

(2.) The facts in brief are that on 16.11.1982 in the area of village Teora on the G.T. Road, accused petitioner was driving truck No. HRR 6955 and was coming from Delhi side and going towards Ambala side. One tractor trolley was going ahead of the truck. Car No. HPA 7833 driven by Anantbir Singh was coming from opposite side. A tractor trolley was going ahead of the said car as well. On reaching near the bridge of village Teora, accused petitioner while driving the truck tried to over-take the tractor trolley going ahead of his truck and did so at a fast speed and in the process, the truck first hit the tractor going ahead of it and then hit the car and thereafter the truck got over- turned. Three of the occupants of the car namely Anantbir Singh, (who was driving the car), Rani Ratti Kumari and Karan Inder Singh were injured in the said accident and they were taken to Civil Hospital, Shahabad where Karan Inder Singh expired. The Doctor on duty informed the police whereupon, ASI Raghbir Singh of Police Station Shahabad reached the hospital and recorded the statement of Anantbir Singh and thereafter formal. FIR under Sections 279, 337 and 304-A Indian Penal Code was registered in Police Station Shahabad on the same date i.e. 16.11.1982. The case was investigated by the police and after completion of investigation, accused petitioner Kartar Singh was challaned and the challan was put in the court. The learned Magistrate charged the accused under Sections 279, 337, 338 and 304-A Indian Penal Code to which charges, the accused pleaded not guilty. The prosecution examined its evidence. Thereafter the statement of the accused under Sec. 313 Code Criminal Procedure was recorded in which he denied the prosecution allegations against him and said that he has been falsely implicated. He said that in fact, he was driving the truck carefully and had also applied brakes but the car driven by Anantbir Singh struck against in his truck resulting in the accident. However, he did not produce any evidence in his defence. The learned Magistrate convicted and sentenced the accused- petitioner as stated above vide judgment and order dated 15.12.1986. The appeal filed by the accused- petitioner was dismissed by the learned Additional Sessions Judge vide judgment dated Aug. 12, 1987. Aggrieved against the same, the accused filed the present Revision Petition in this court.

(3.) No one has put in appearance on behalf of the accused- petitioner. However, Shri Viney Jhingan, DDA has appeared on behalf of respondent-State. I have heard Viney Jhingan, DDA on behalf of respondent-State and have gone through the record with his help.