LACHHAMN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner Lachhman has assailed his conviction recorded against him by the two courts i.e. judgment dated 16.11.1995 passed by the Chief Judicial Magistrate, Panipat as well as dated 1.2.2000 passed by the learned Additional Sessions Judge, Panipat, whereby he was sentenced to undergo rigorous imprisonment for three months under Section 337 IPC and one year under Section 304-A IPC.

(2.) The case relates to the alleged rash and negligent driving by the petitioner, as a result of which complainant Rishi Parkash suffered injuries, whereas, his brother Subhash Chand died and damage was caused to their tampoo bearing registration No. HRX 5420. 3. On 24.2.1988, Subhash Chander along with complainant Rishi Parkash while driving tampoo bearing registration No. HYX 5420, were returning to their home. When they reached near National Fertilizer Limited Colony, Panipat, in the meantime, the accused while driving truck bearing registration No. DBL 4239 rashly and negligently, in an effort to overtake another on going truck in front of him brought the truck on the wrong side and struck its rear portion in the tampoo of Subhash, as a result of which the tampoo was got damaged. The complainant as well as his brother Subhash suffered injuries. In the meantime, Beli Ram also reached there and he helped the complainant. Subhash taken out from the tampoo and was shifted to Civil Hospital, Panipat where he expired. On the aforesaid statement made by the complainant Rishi Parkash, before ASI Yad Ram, in the Civil Hospital, Panipat, on 25.2.1988 at 8.00 a.m. a ruqa was sent on the basis of which FIR was recorded. ASI Yad Ram went to the spot, prepared the rough site plan Ex.PW8/B of the place of accident, tampoo in question was taken into possession vide recovery memo Ex.PC. The truck was taken into possession vide memo Ex.PD. Registration certificate and driving licence of the accused were also taken into possession vide memo Ex.PW8/C. After recording statements of the witnesses and collecting the postmortem report, report under Section 173 Cr.P.C. was submitted against the accused.

(3.) The accused was charged under Sections 279/337/304-A IPC, to which he pleaded not guilty and claimed trial.