MAHENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant revision petition has been filed against the order of Additional Sessions Judge, Rohtak dated 7.7.2012 whereby the appeal of the petitioner against the order dated 18.8.2011 of conviction and order dated 19.8.2011 of sentence passed by the Sub Divisional Judicial Magistrate, Meham in case FIR No.107 dated 27.4.2006, registered at Police Station Meham, under Sections 279, 337, 304-A IPC has been dismissed and sentence of rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/- under Sections 279 IPC and to further undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/- under Section 304-A IPC, has been affirmed.

(2.) Brief facts of the case are that on 27.4.2006, complainant Surender Singh was present in Lakhan Majra at about 1 p.m. when Mukesh Kumar along with one Azad Singh were going on motorcycle Hero Honda bearing registration No.HR-19-A-6733 from Lakhan Majra chowk to village Kharainti. In the meanwhile, a Tata canter bearing registration No.HR-20- GA-0822 came from Rohtak side which was being driven at high speed as well as rashly and negligently and hit against the motorcycle as a result of which Mukesh fell down and the driver of Tata canter crushed the head of Mukesh. Azad Singh, pillion rider, also suffered injuries.

(3.) After investigation, challan was presented against the petitioner. Charge was framed under Sections 279, 337, 304-A. Petitioner pleaded not guilty and claimed trial. To prove its case, prosecution examined PW1 Surender Singh (complainant), PW2 Sunil, PW3 Ram Kumar, PW4 Rohtash, PW5 SI Baljit Singh and PW5 Azad Singh. Thereafter, statement of the accused under Section 313 Cr.P.C. was recorded. Opportunity to lead defence was afforded but no defence evidence was led.