GAJE NAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against judgment dated 28.11.2002, rendered by the Court of Additional Sessions Judge, Hisar, vide which appeal filed against judgment of conviction dated 16.9.1999, passed by the Court of Chief Judicial Magistrate, Hisar, vide which it held the accused guilty and sentenced him to undergo rigorous imprisonment for a period of six months under Section 279 of Indian Penal code (for short 'IPC') and further sentenced him to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 1,000/- for offence under Section 304-A IPC and, in default of payment of fine, to further undergo rigorous imprisonment for one month, was dismissed. However, substantive sentence for offence under Section 304-A IPC was reduced from one year to 8 months.

(2.) Briefly stated, the case of the prosecution is that on 18.3.1992, at 9.30 a.m., complainant Bala Ram alongwith his cousin Banti, aged about 7/8 years was returning on a cycle after serving meals to his father. When they reached near Dhaka Basti, a tanker bearing registration No. HR 35/1235, which was being driven by its driver in a rash and negligent manner, came from opposite side and hit against the cycle, due to which complainant fell towards left side, whereas Banti fell towards right side and the front wheel of the tanker crushed the head of Banti, due to which he died at the spot. The driver of the tanker disclosed his name as Gaze Nand, i.e., the present petitioner-accused. The accident was also witnessed by Suraj Bhan Jangra, who was running a shop near the place of occurrence. On the basis of statement of complainant Ex. PW5/A, formal FIR was recorded. Postmortem examination on the dead body of Banti, was got conducted. Postmortem Examination report is Ex PW3/A, according to which Banti died due to head injury, which was ante mortem in nature and sufficient to cause death in the natural course.

(3.) After completion of the investigation report under Section 173 of the Code of Criminal Procedure (for short 'Cr.P.C.') was filed against the for his trial for offences under Sections 279/304-A IPC. Accused was charged accordingly, to which he did not plead guilty and claimed trial.