SUKHWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present revision petition has been preferred by Sukhwinder Singh son of Charan Singh. He was named as accused in case FIR No. 314 dated 28.12.2001 registered at Police Station Pehowa under Sections 279 and 304-A IPC. The Court of Sub Divisional Judicial Magistrate, Pehowa found the petitioner guilty of offence under Section 279 and 304-A IPC, and sentenced him as under: <FRM>JUDGEMENT_293_LAWS(P&H)3_2010.htm</FRM>

(2.) Aggrieved against the same, petitioner had filed an appeal but the same was dismissed by the Court of Sessions Judge, Kurukshetra. The conviction was upheld and the sentence awarded upon the petitioner was maintained.

(3.) FIR, in the present case, was registered on the basis of statement made by Iqbal Singh PW-1, who stated that on 28th December, 2001, he along with Joga Singh, had gone to the shop of his son for providing food. At that time, he saw that Santokh Singh son of Bishan Singh was coming on the side of the road. A truck bearing registration No. HF 07 GA-0195 came from the side of Patiala in a rash and negligent manner at a very high speed. The truck had hit a tractor-trolley, which was going ahead. Due to the impact of accident, wheels of the tractor-trolley came out and hit Santokh Singh. The front wheel of the offending truck crushed Santokh Singh and the truck also fell down in the ditches. Santokh Singh died at the spot.