HARI KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has preferred this petition being aggrieved of the judgment dated 31.3.2016, passed by Additional Sessions Judge, Jhajjar, vide which the appeal filed by him, challenging the judgment of conviction and order of sentence dated 7.1.2015, passed by Additional Chief Judicial Magistrate, Jhajjar in case FIR No. 84 dated 10.5.2009 under Sections 279, 304-A IPC, registered at Police Station Beri, was upheld.

(2.) As per prosecution case, on 10.5.2009, complainant Chand Singh along with pillion rider Rampal, were going from Beri to their village Bisan on their motor cycle bearing registration No. HR-13A-6363. Parveen (since deceased) and Pardeep, pillion rider (since deceased), who were ahead of them, were also going to the same village on their motorcycle bearing No. HR-12-L-2416. Meanwhile, one truck bearing registration No. HR-46B-6948, being driven by the petitioner at a high speed and in a rash and negligent manner, came from front side and dashed against the motorcycle of Parveen. As a result of this, both Pardeep and Parveen sustained several injuries. The truck driver fled towards the fields of Hawa Singh after leaving the truck on the spot. Both the injured were shifted to PGIMS, Rohtak. On the way, Pardeep succumbed to his injuries whereas Parveen died at the hospital. Thereafter, the FIR in question was registered.

(3.) After completion of investigation and necessary formalities, challan was presented against the petitioner.