AARIF Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present Criminal Revision is to the judgment dtd. 5/4/2017, vide which the Sub Divisional Judicial Magistrate, Bilaspur, had convicted the petitioner under Ss. 279 and 304-A of the Indian Penal Code, 1860 (hereinafter to be referred as "the IPC") and had sentenced the petitioner to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000.00 for the commission of offence punishable under Sec. 304-A of the IPC and to undergo rigorous imprisonment for a period of two months for the commission of offence punishable under Sec. 279 of the IPC and both the sentences were ordered to run concurrently.

(2.) Challenge has also been made to the order 11/11/2021, vide which the Sessions Judge, Yamuna Nagar had dismissed the appeal preferred by the petitioner against the abovesaid judgment and upheld the conviction and sentence.

(3.) Brief facts of the prosecution case are that the FIR in the present case was registered on the statement of Parveen Kumar which was to the effect that on 13/6/2012 at about 11.00/11.30 a.m., his youngest son namely Shubham (deceased) after taking a lift from the petitioner, was made to sit on the tractor bearing registration No. HR-02U-7871, on the seat beside the driver's seat and the tractor was being driven by the petitioner whereas the said Parveen Kumar was paddling the bicycle behind the tractor and it was submitted that the driver of the tractor at once gave race and drove the tractor at a very high speed and in spite of the complainant telling him to drive slowly, the petitioner did not pay any heed and accelerated the speed and started driving the tractor in a rash and negligent manner, on account of which Shubham (son of the complainant) fell from the seat in front of the rear tyre and the tyre ran over his abdomen and the said Shubham died on account of the injuries suffered in the accident.