TIRLOCHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Tirlochan Singh, accused - petitioner (herein referred as 'the petitioner') has challenged the correctness, legality and propriety of the judgment dated 22.9.2004 passed by Additional Sessions Judge, Panipat dismissing his appeal against the judgment dated 20.9.2000 passed by Chief Judicial Magistrate, Panipat convicting and sentencing him as under :-

(2.) Jeet Ram - complainant (PW1), an agriculturist and resident of village Baroli, having his field near GT Road within the area of village Khotpura, got his statement (Ex.PA) recorded with the police that on 23.4.1994 at about 8/9.00 AM, he along with his maternal grand son Rinku (deceased), aged about 15/16 years and his neighbour Om Parkash (PW2) was coming from his field along with a 'buggi' (bullock-cart) carrying the fodder. When they reached near GT Road, then Rinku was ahead of them, in the meanwhile, the accused/ petitioner (herein referred as 'the petitioner') while driving a canter DCM Toyota bearing Reg.No. HNX-4244 rashly and negligently came and hit Rinku, as a result of which he fell down and died at the spot. The driver of the offending vehicle slipped away from the spot.

(3.) On the aforesaid statement made by the complainant, the First Information Report (Ex.PW5/C) was registered against the petitioner; he was arrested; the post mortem on the dead body was got conducted; site plan was got prepared; the offending canter was taken into possession; statements of the witnesses were recorded and on completion of the investigation, the challan against the petitioner was presented in the Court.