KHARAITI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision has been directed against the judgment dated 7.10.2004 passed by the court of learned Additional Sessions Judge, Narnaul whereby he dismissed the appeal filed by Kharaiti Lal accused against the judgment/order of sentence dated 3.6.2002 rendered by the court of learned Judicial Magistrate Ist Class, Mohindergarh vide which he convicted and sentenced him to undergo rigorous imprisonment for 2 years under Section 304-A of IPC.

(2.) Shortly put, facts of the prosecution case are that Balwant Kumar alongwith his son Manoj Kumar and Dr. Ravi Kumar since deceased were going towards Mohindergarh. Balwant Kumar and his son were on one scooter, whereas the said Doctor was on his own scooter. This Doctor was driving his scooter just ahead of the scooter of Balwant Kumar. Around 2.30 P.M. when they reached in the area of village Akoda, meanwhile, a truck bearing registration No. HR-45/0865 being driven by Kharaiti Lal accused in a rash and negligent manner came from Mohindergarh side and struck against the scooter of the said Doctor. As a result of impact, the Doctor fell down on the road. After the accident, the truck driver made an attempt to flee from the spot, but he was intercepted alongwith the truck at some distance from the place of the occurrence. On the statement of Balwant Kumar, the case was registered. Dr. Ravi Kumar succumbed to the injuries. The accused was put under arrest. After completion of investigation, the charge sheet was laid in the court for trial of the accused.

(3.) The accused Kharaiti Lal was charged under Sections 279/304-A and 427 of I.P.C. to which he did not plead guilty and claimed trial. In order to substantiate its allegations, the prosecution examined PW-1 Constable Nafe Singh, PW-2 Om Parkash Yadav, PW-3 Balwant Kumar complainant, PW-4 Dr. Surender Kumar Sansanwal, PW-5 Manoj Kumar eye witness, PW-6 Dr. Anil Mathur and PW-7 Sub Inspector Parbhati Lal. The prosecution evidence was shut out by order of the Court.