JAGAN NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition is directed against the judgment and the order of sentence passed by the learned Chief Judicial Magistrate, Gurgaon dated 16-1-1987 and of the learned Additional Sessions Judge, Gurgaon dated 16-7-1988. The learned trial Court had help, the petitioner guilty of the offence punishable under Section 304-A, Indian Penal Code and sentenced him to undergo rigorous imprisonment for nine months. In appeal the learned Additional Sessions Judge reduced the sentence to six months rigorous imprisonment.

(2.) The facts of the prosecution case are that on 25-3-1983, Dhan Singh alias Dhani Ram was going on his cycle from his village Gurgaon towards Gurgaon town. It was 9.00 P.M. a truck bearing registration No. HRU-336 was driven by the petitioner and was coming from Gurgaon town side. It was being driven in a rash and negligent manner. It dashed the front portion of the truck into the cycle. The result was that Dhan Singh fell down and sustained injuries. He was removed to the hospital where he died. As per prosecution case Jagminder Singh and Bhoop Singh were the two eye-witnesses. They were coming on cycles and had witnessed the entire occurrence.

(3.) The petitioners defence was that he was the driver of truck No. HRU-336 but denied that his truck was involved in the accident. According to him he had parked his truck on one side of the road.