ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 12.10.1987, passed by the Addl. Sessions Judge, Rohtak, who dismissed the appeal of the petitioner and directed that the fine of Rs. 2,000/- imposed upon the petitioner, if recovered, he converted into compensation, to be paid to the heirs of the deceased Satbir.

(2.) THE brief facts of the case are that on 11.1.1983, at about 12.15 PM, Satbir aged about 14-15 years, since deceased, was driving his bicycle while Balraj, PW, was a pillion rider on it and both of them were going towards their village from Bahadurgarh on Jhajjar Road and when they had reached near the rubber factory on Jhajjar Road, a Haryana Roadways bus bearing No. HYB- 2076, being driven by the petitioner at a very high speed in a rash and negligent manner, came from opposite direction. The deceased Satbir swerved his bicycle along the road side on kacha portion of his side but the offending bus hit his cycle as a result of which Satbir died on the spot, while Balraj, PW, received injuries. On receipt of information about this accident, HC Bharat Singh of Police Station Bahadurgarh, along with other police officials rushed to the spot and recorded the statement, Ex. PW-3/A, of Balraj injured. The dead body after inquest proceedings was sent for post mortem. Rough site plan of the place of occurrence was prepared, the statements of the witnesses were recorded and the petitioner was arrested. Balraj PW, was got medically examined on the same day. The bus was also got mechanically examined by Hazari Lal, whose report is Ex. PW-2/A. The place of occurrence was also got photographed and after completion of investigation, the petitioner was challaned under section 304-A, IPC.

(3.) IN order to prove the charges, the prosecution examined five witnesses; namely Dr. Ishwar Anand Yadav, Medical Officer, E.S.I. Dispensary No. 1, Bhadurgarh, Hazari Lal, Motor Mechanic, Police Lines Rohtak, Balraj, complainant-injured, Maha Singh, eye witness and Dharambir, Photographer. The evidence of the prosecution was closed by order dated 8.10.1986 as it failed to complete its evidence despite many adjournments including the last opportunity.