RAJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition has been filed against judgment dated 27.9.2004 passed by the Court of learned Additional Sessions Judge, Faridabad, in FIR No. 117, dated 18.5.1996, registered under Sections 279, 304-A IPC, Police Station Chhainsa, upholding the judgment of conviction dated 2.5.2002 and order of sentence dated 3.5.2002 passed by learned Judicial Magistrate Ist Class, Faridabad.

(2.) The facts in brief are that an accident had taken place on 18.5.1996. Complaint was lodged with the police by complainant Manohar Singh son of Jaswant Singh. According to him at about 7.45 p.m, he alongwith Pappu son of Vishnu Pandit, resident of village Chhainsa was returning from their tu-bewell towards their village when in the meantime a tanker bearing registration No. HYO-6801, which was being driven in a very rash and negligent manner by its driver, came to the side of patrol pump towards village Chhainsa Hoshiyari son of Munni (deceased) was going on a cycle towards his right side from Mohna Road towards his fields when in the meantime, driver of tanker brought the tanker on the wrong side of the road and hit against the cyclist from the front side due to which Hoshiyari fell on the road alongwith cycle and sustained injuries in his head. Tanker was stopped by its driver. Driver got down from the tanker and however, after sometime, he ran away, after leaving the tanker at the place of occurrence. Hoshiyari succumbed to the injuries at the spot. He could recognise the driver of tanker if brought before him. The report was lodged very promptly, i.e., at about 8.20 p.m. on the same day after the Investigating Officer reached the place of accident after receiving information. He prepared site plan of place of occurrence and had taken the cycle and the tanker in his possession.

(3.) After completion of the investigation, report under Section 173 of the Code of Criminal Procedure (hereinafter to be referred as the 'Code') was prepared and challan was put in the Court against the revision Petitioner- accused.