RAJMAL Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) RAJMAL son of Sher Singh has approached this Court through the present revision petition challenging the judgment dated July 13, 1989 passed by the learned Additional Sessions Judge, Faridabad whereby his appeal against the judgment dated March 7, 1989 passed by the learned Judicial Magistrate I Class, Faridabad has been dismissed and the conviction and sentence awarded to the petitioner under Sections 279 and 304-A of the Indian Penal Code have been maintained. Vide the aforesaid judgments the petitioner was convicted and sentence to undergo R.I. for a period of one and half years with a fine of Rs. 500/-.

(2.) THE case set up by the prosecution is that on December 26, 1984 Raj Kishore PW made a statement Ex.PA before the police to the effect that his neighbour Daram Nath had died on December 18, 1984 as a result of the injuries received by him in the accident. It was mentioned by Raj Kishore that he along with one Amar Bahadur had removed Dharam Nath (deceased) to ESI Hospital for treatment from his house and the rickshaw-puller who had brought Dharam Nath-deceased could not be located at that time. According to the prosecution, subsequently Comrade Khem Singh and Munna Parshad continued searching and they came to know that Dharam Nath-deceased was brought to his house by rickshaw-puller Mohinder alias Anwa son of Gobind who had also brought his broken cycle and that the accident had taken place near Vidya Niketan School, Town No. 2 on the road, with truck bearing registration No. HRP 2570 which was being driven by Rajmal driver, while Dharam Nath-deceased was going on his cycle. The further version of the prosecution is that the said accident had taken place due to the rash and negligent driving of truck No. HRP-2570 being driven by its driver Rajmal.

(3.) THE petitioner has now challenged the aforesaid two judgments of the courts below by way of the present revision petition.