SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision is directed by the accused against the judgment dated 8.3.2001 passed by the learned Additional Sessions Judge, Kaithal, whereby he dismissed the appeal and upheld the judgment and order dated 20.4.1999 and 21.4.1999 respectively passed by the Additional Chief Judicial Magistrate, Kaithal, whereby the petitioner was convicted under Sections 279/337/304-A, IPC, and was sentenced to undergo rigorous imprisonment for six months under Section 279, IPC, to undergo three months RI under Section 337 IPC and to undergo RI for a period of two years and a fine of Rs. 1000/- and in default of payment of fine to undergo further R.I. for three months under Section 304-A, IPC.

(2.) BRIEFLY stated the facts of the case are that 27.11.1991, P.W.1 Surjit Singh complainant along with Angrez Singh (now deceased) had gone to Karnal on motor cycle bearing registration No. HR-32-1516 for the purpose of distributing the wedding cards as the marriage of his daughter was to take place on 14.12.1991. Angrez Singh was driving the motor cycle while he was sitting on the pillion. When they were at a distance of 4 kilometers from Kaithal, then truck No. HR-02-7798 came from the opposite side and it was loaded with bricks. It was being driven at a very fast speed and by going on wrong side it struck against the motor cycle and caused the accident. Due to the impact, the motor cycle fell down and Angrez Singh received serious injuries and died at the spot. P.W.1 Surjit Singh also suffered injuries.

(3.) HAVING found a prima-facie case against the petitioner, he was charged under Sections 279/337/304-A, IPC vide order dated 4.12.1992 to which he did not plead guilty and claimed trial. After completion of the prosecution evidence, statement of the petitioner was recorded under Section 313, Cr.P.C., wherein he denied all the prosecution allegations.