SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant revision is directed against the conviction and sentence of the petitioner for the offences under Sections 279, 337, 338 and 304A IPC as recorded by Chief Judicial Magistrate, Karnal on 13.2.2002 and upheld by Additional Sessions Judge, Karnal on 8.2.2003.

(2.) According to the prosecution, the accident in question had taken place on 11.3.1994 at about 8.00 P.M. when a truck bearing registration No. HNK-9694 came from the side of Karnal in a rash and negligent manner and hit the scooter on which Jaipal and Jagdish were sitting. Due to the impact of the accident, both, Jaipal and Jagdish fell on the road and sustained injuries on their heads, legs and hands. Both the injured became unconscious as a result of the injuries whereas the truck driver escaped from the spot. Later on, Jaipal succumbed to his injuries on 12.3.1994 when he was admitted in PGIMS, Rohtak.

(3.) Learned Counsel for the petitioner states that on account of overwhelming evidence available on the file, he is not in a position to challenge the conviction of his client for the aforementioned offences. However, he has submitted that the accident in question had taken place more than 16 years ago; the petitioner is not a previous convict; he is the sole bread earner of his family; and he has already undergone some period in jail as a convict. Therefore, the substantive sentence of the petitioner be reduced to that already undergone by him.