RAMESHWAR DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE accused petitioner Rameshwar Dass (herein referred as 'the accused') was tried for causing death of Mahender Singh by his rash and negligent act, while driving Haryana Roadways Bus bearing Reg. No. HR-22-6021. Consequently, he was convicted vide judgment dated 13.9.2001 passed by Judicial Magistrate Ist Class, Hisar and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 300/- under Section 279 and to undergo rigorous imprisonment for two years and to pay fine of Rs. 700/- under Section 304-A of the Indian Penal Code. The appeal preferred by him was also dismissed vide judgment dated 12.2.2003. However, the sentence was reduced to one year under Section 304-A IPC.

(2.) IN nutshell, the prosecution case is that on 12.06.1993, on receipt of a V.T.message about the accidental death of Mahender Singh s/o Ram Chander r/o Mehalsara, ASI Sadhu Ram along with other police officials reached General Hospital, Hisar and recorded the statement of complainant Hari Singh (herein referred as 'the complainant'), wherein, he stated that out of his four brothers, Mahender Singh was working as driver on the tractor of Duni Chand son of Sheo Lal Bishnoi for the last 1 months. On the fateful day, he along with his brother Ram Kishan was going to village Nangthala to meet their brother Mahender Singh. It was about 5.30 PM, when they reached near water supply, Chikanwas, they saw a tractor coming from the side of temple, driven by their brother Mahender Singh. On seeing them, their brother, turned the tractor. Meanwhile, a Haryana Roadways bus bearing Reg. No. HR-22-6021, being driven rashly and negligently by the accused, came from the Fatehabad side and hit the tractor, as a result of which the tractor turned turtle and Mahender Singh received injuries on his head. He was shifted to the Hospital, but he succumbed to the injuries. The FIR was registered against the accused and the case was investigated.

(3.) DURING trial, the prosecution examined as many as six witnesses.