TEK CHAND PETITIONER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present criminal revision has been filed against the judgment dated 3.8.1999, passed by the Additional Sessions Judge, Karnal , vide which the appeal filed by the petitioner was dismissed. The accusedpetitioner was convicted and sentenced vide judgment/order dated 22.7.1997, passed by the Judicial Magistrate Ist Class, Karnal, to undergo R.I for a period of one year and to pay a fine of Rs. 500/- under section 304-A IPC of the Indian Penal Code and in default of payment of fine to further undergo S.I for a period of two months. He was further sentenced to undergo R.I for a period of six months and to pay a fine of Rs. 400/- under section 279 I.P.C and in default of payment of fine, to further undergo S.I For a period of one month. He was also sentenced to undergo R.I for three months and to pay a fine of Rs. 200/- under section 337 IPC and in default of payment of fine, to further undergo simple imprisonment for 15 days. All the substantive sentences were ordered to run concurrently.

(2.) In nutshell, the prosecution story is that on 1.7.1989 petitioner-Tek Chand was driving Haryana Roadways Bus No. HYG-3871, coming from Panipat, in a rash and negligent manner and struck against a Vickey bearing registration No. HNL-1573, driven by Ishwar Chand. The pillion was Ram Parshad. Pillion Ram Parshad sustained multiple injuries and died on the spot. Ishwar Chand, complainant also received injuries. On the statement of Ishwar Chand, FIR was registered against the accusedpetitioner. Accused was arrested on 1.7.1989. He was charge sheeted under section 279/337/304-A IPC to which he pleaded no guilty and claimed trial.

(3.) After the appraisal of entire evidence produced on record, the Ld. Trial Court convicted and sentenced the accused vide order dated 22.7.1997. Aggrieved against the said order, he filed an appeal before the Ld. Additional Sessions Judge, Karnal, which was dismissed on 3.8.1999.