HOSHIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Hoshiar singh, who was convicted and sentenced by the Sub Divisional Judicial magistrate, Narwana, for offences under Sections 279 and 304-A, Penal Code has filed the present revision after the dismissal of the I appeal filed by him before the Additional Sessions Judge, Jind on 13.7.2000.

(2.) According to the case of the prosecution on 27.1.1990 intimation was given to ASI Sunder Pal about 4 deaths having occurred in an accident. The said ASI immediately reached Civil Hospital, Narwana and after receiving the Medico Legal Report, in respect of one Randhir Singh, who was admitted in an injured condition, sought the opinion about his medical condition and recorded his statement, in which it was asserted that the injured was returning from village Sagari, after meeting his sister and was present at Harial Chowk, Narwana when an Engine Rehra came from the side of Uklana road in which some vegetables were being loaded. The injured had also boarded the said Engine-rehra and when it reached near Ghoshala Narwana at about 5.30 P.M. Rs.from the side of Uklana, a Haryana Roadways bus No. HRU-2053-A came at fast speed and struck the Rehra. The accident smashed the Engine-Rehra and the bus fell into pits by the side of the road. Randhir Singh received injuries and he also indicated that the petitioner was the driver of the bus. The four other occupants of the Rehra too received severe injuries and they succumbed to their injuries after reaching the hospital. After investigation, the charge sheet was put in against the petitioner. Where after, charges were framed against him under Sections 279 and 304-A, Penal Code. Since the petitioner claimed trial, the prosecution examined 14 witnesses, after which the statement of the petitioner was recorded under Sec. 313 Crimial P.C. and when called upon to lead evidence i in defence, the petitioner led no evidence. During the pendency of investigation, Randhir Singh also died on account of the injuries received by him.

(3.) After hearing the arguments, the trial Court had convicted and sentenced the petitioner to two years rigorous imprisonment and fine of Rs. 2000.00in default of payment of fine rigorous imprisonment for 6 months under Sec. 304-A, Penal Code and 6 months rigorous imprisonment and a fine of Rs.500.00 in default of payment of fine rigorous imprisonment of two months under Sec. 279, Penal Code. The appeal against this conviction and sentence failed I hence the revision.