MAHIPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.) against judgement dated 14.8.2004, passed by learned Additional Sessions Judge, Bhiwani, vide which it dismissed the appeal directed against judgment of conviction and order of sentence dated 5.2.2001 passed by learned Judicial Magistrate Ist Class, Charkhi Dadri, District Bhiwani, vide which it convicted the present revision petitioner for offences under Sections 279/304 of the Indian Penal Code (hereinafter to be referred as 'IPC) and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 2000/- and in default of payment of fine to further undergo simple imprisonment for a period of two months for offence under Section 304-A IPC and to further undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 300/- and in default of payment of fine to further undergo simple imprisonment for a period of 15 days for offence under Section 279 IPC.

(2.) Briefly stated, the case of prosecution is that on 18.1.1995, Raj Singh, resident of Khatiwas, was standing on Khatiwas turn for going to his village, when he observed that some students were coming on their cycles towards the said turning point In the meantime, a Jugar (a mechanical operated vehicle), which was being driven in a rash and negligent manner by the petitioner- accused, came from the side of Dadri. He could not control the same and dashed against cycle of the student Ashok, to which he fell down. The vehicle was stopped by its driver. The driver of the vehicle disclosed his name to the complainant as Mahipal, i.e. present revision petitioner-accused. Ashok was seriously injured. He was taken to Dadri in the same Jugar, and however, he succumbed to the injuries on the way. After reaching Sharma Hospital, petitioner-accused parked his Jugar in front of the said hospital and ran away. After completion of the investigation, challan under section 173 Cr.P.C. was filed against the petitioner-accused for his trial for offences under Sections 279/304 A IPC.

(3.) Revision-petitioner-accused was charged accordingly by learned trial Court, to which he did not plead guilty and claimed trial.