BALJEET SINGH @ MANJEET Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present revision petition has been filed by Baljeet Singh alias Manjeet petitioner against judgment dated 08.05.2012 passed by the learned Sessions Judge, Rohtak vide which judgment of conviction dated 29.04.2011 and order of sentence dated 30.04.2011 passed by the learned Judicial Magistrate Ist Class, Rohtak, whereby the petitioner has been convicted and sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 1000/- for the offence punishable under Section 279 IPC and to undergo simple imprisonment for a period of two years and to pay a fine of Rs. 2000/- for the offence punishable under Section 304-A IPC, has been upheld.

(2.) Brief facts of the case are that one Jeet Ram, father of the complainant, died in road accident on 29.04.2006 at about 7 a. m. , due to rash and negligent driving of the petitioner. At the time of accident, complainant along with his father Jeet Ram had come to the market on a bicycle to purchase some articles. After alighting from the bicycle, the complainant Ram Karan started taking tea at the shop of one Sonu Saini and his father had gone towards the market.

(3.) When Jeet Ram, father of the complainant was crossing the road, in the meanwhile, a truck being driven by the petitioner in a rash and negligent manner came from the Gohana side and struck against the bicycle. As a result of it, father of the complainant fell down on the road and was run over by the truck. As a result of injuries sustained by Jeet Ram, he succumbed to the injuries at the spot. After covering some distance, the petitioner (driver) stopped the truck bearing registration No. HR-46C/2034 and and on enquiry, the truck driver told his name as Baljeet Singh @ Manjeet son of Brij Bhan, resident of Bobua, District Hisar. When the complainant was taking care of the dead body of his father, the petitioner taking advantage of the situation, fled away from the place of occurrence. On the basis of the statement of the complainant, an FIR was registered and during the course of the investigation, site plan of the place of occurrence was prepared and photographs were taken. The accused-petitioner was arrested. Truck and cycle were taken into the police possession.