JAIPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jaipal petitioner-accused (herein referred as 'the accused') was prosecuted for causing the death of three persons as well as buffalo and calf on account of his rash and negligent act, consequently, he was tried, convicted and sentenced to undergo rigorous imprisonment for three months each under Sections 279 and 337 IPC, rigorous imprisonment for one year under Section 338 IPC and rigorous imprisonment for two years each under Section 304-A and 429 IPC. His appeal was also dismissed vide judgment dated 17.11.2003, passed by Addl. Sessions Judge, Narnaul.

(2.) Smt. Santra, a resindent of Jatusana, had come to his son-in-law Munna Pal, a resident of Buwana, in connection with the purchase of buffalo. Munna Pal got purchased the buffalo for her from his village. In the intervening night of 14/15.09.1995, the buffalo with her calf was loaded in a tempo bearing registration No. HNT-1574, which was driven by Ishwar Singh. At about 12:30 a.m, during night, Ishwar Singh started the tampo for Jatusana with the buffalo and the calf. Ram Pyari wife of Jagmal, Santra and one Parmila sat in the cabin of the tempo whereas Jagmal sat in the body of the tempo and Munna Pal while holding the buffalo with the rope, also sat in the body of the tempo. At about 2:30 a.m., when they were about half kilometer short of DAV Academy, Kanina towards Rewari, then the accused while driving the tanker rashly and negligently and at a high speed, came from the opposite side. Though Ishwar Singh took the tempo on kacha berm of the road yet the accused brought the tanker bearing registration No. HR-46/4577 on the wrong side and struck against the tempo. Resultantly, Jamgal, Ishwar Singh and the buffalo fell down from the tempo and died immediately whereas Ram Pyari, Santra, Munna Pal and Parmila suffered injuries. Later Ram Pyari had also died. Tempo was damaged and the tanker driver succeeded in escaping. On the aforesaid statement of Munna Pal, recorded by ASI Balbir Singh, case was registered.

(3.) ASI Balbir Singh inspected the spot, conducted the inquest report on the dead body of Ram Pyari, Jagmal Singh and Ishwar Singh. The dead bodies were dispatched to C.H.C., Kanina for post mortem examination and recorded the statements of witnesses. On completion of investigation, challan was presented against them.