KESHAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been preferred by Keshav son of Gutti. He was named as accused in case FIR No.166 dated 26.5.1991 registered at Police Station Forozepur Jhirka under Sections 279/304-A IPC. The FIR was lodged on the basis of statement made by Nasru. He stated that he is a resident of village Niharka and do agriculture work. On 25.5.1991, he along with his wife Majidan and daughter Samsida aged 11/2 years was waiting at Biwa Road for some conveyance to arrive. They had to return to their village after purchasing grocery from the Bazar. They were standing on the side of the road. At about 5.30 P.M., one private bus came in a rash and negligent manner and without blowing the horn, turned towards the Bus Stand. At that time, his daughter Samsida came below the front tyre of the bus. The daughter of the complainant died at the spot. The bus was having registration No.RJD-1405 and name of the driver was Keshav son of Kutti.

(2.) In the above said FIR, report under Section 173 Cr.P.C. was submitted. The Court of Judicial Magistrate Ist Class, Ferozepur Jhirka charged the petitioner for offence under Section 279 and 304-A IPC, for having caused death of Samsida on 25.5.1991 by driving the bus bearing registration No.RJD-1045. The petitioner pleaded not guilty and claimed trial.

(3.) Nasru appeared as PW1, his wife Majidan as PW2, Constable Sher Singh as PW3 and Chhotu Ram, Mechanic of Haryana Roadway appeared as PW4 to prove medical test report Ex.PW4/A. Dr.J.K.Saini PW5 had conducted post-mortem examination of Samsida aged 11/2 years and stated that cause of death was shock and hemorrhage due to injuries suffered by the deceased.