ROSHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner-accused (herein referred as 'the accused') has challenged the legality of the judgment dated 12.07.2000, passed by Additional Sessions judge, Bhiwani, dismissing his appeal against the judgment dated 11.05.1999/12.05.1999, passed by Sub Divisional Judicial Magistrate, Charkhi Dadri, convicting him under Sections 279 and 304A of the Indian Penal Code and sentencing him as under: Under Section Sentence 279 Rigorous imprisonment for a period of 6 months and to pay a fine of Rs. 500/- 304A Rigorous imprisonment for a period of two years and to pay a fine of Rs. 2,000/-

(2.) Brief resume of facts is that on 10.05.1992, Anand Kumar, while driving scooter was coming towards Charkhi Dadri whereas the accused while driving four wheeler bearing registration No. HR-19-0527 in a rash and negligent manner was going towards Approach Road, Unn. At about 2:30 p.m. when Anand Kumar was yet to reach Approach Road, Unn, the accused while driving the four wheeler rashly and negligently, without giving indication, took a turn and struck the four wheeler in the scooter of Anand Kumar. Resultantly, he fell down, suffered injuries and was shifted to hospital Baund Kalan, and then to General Hospital, Charkhi Dadri. Lateron, he was referred to Medical College & Hospital, Rohtak, where at about 11:15 p.m., he succumbed to his injuries. Vijay Kumar alongwith Ravinder Kumar (PW5), who were following Anand Kumar (deceased), had witnessed the incident. On the statement of Vijay Kumar, FIR was registered. Case was investigated. Ultimately, the accused was challaned and charged under Sections 279 and 304A of the Indian Penal Code to which he pleaded not guilty and claimed trial.

(3.) In order to substantiate the charges, the prosecution examined eight witnesses namely Shiv Kumar (PW1), produced the record of medical College & Hospital, Rohtak, ASI Ram Kumar (PW2), had recorded the FIR Ex.PW2/A, Head Constable Siri Om (PW3), deposed that on the receipt of the report Ex.PW3/A he got done the post mortem examination of Anand Kumar on 10.05.1992, Inspector Thawar Singh (PW4) had partly investigated the case, Ravinder Kumar (PW5) is an eye witness to the occurrence, Suresh Kumar (PW6) had identified the dead body, Dr. Narinder Singh (PW7), Medical Officer, Incharge, Mud Hut, Rohtak, who had conducted the post mortem examination and gave the report Ex.PW7/A, Dr. S.C. Nawal, medical Officer, Central Jail, Rohtak (PW8), had conducted the medico legal examination of Anand Kumar on 10.05.1992.