SAMSU Vs. STATE OF HARYANA & ANR

JUDGEMENT

(1.) The challenge in this revision petition, by the petitioner, is to the impugned judgment of conviction dated 28.10.2009 and order of sentence dated 30.10.2009, vide which, the trial Magistrate has convicted and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/-, in default of payment of fine, he was ordered to further undergo RI for one month for the commission of offence punishable under section 279 IPC. To undergo RI for a period of six months and to pay a fine of Rs.500/-, in default of payment of fine, he was further ordered to undergo RI for 15 days under section 337 IPC. To undergo RI for two years & to pay a fine of Rs.3000/- and in default of payment of fine, he was further directed to undergo RI for one month under section 304-A IPC. Sequelly, he has also challenged the impugned judgment dated 5.2.2011, by means of which, the appellate Court has dismissed his appeal.

(2.) Tersely, the facts and material, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, are that on 18.9.2001 at about 7 AM, complainant Chattar Singh (PW1) and PW Khubi Ram were coming from their village on foot. His nephew Satish Kumar (deceased) and PW2 Bhupender Singh were also going to Taoru on a scooter bearing registration No.HR26-K-9926. Satish Kumar was driving the scooter, whereas PW2 Bhupender Singh was a pillion rider. As soon as, the scooter reached near the place of occurrence, in the meantime, a red coloured tractor Make Mohindra B-275, bearing registration No.HRW-714 (for short "the offending tractor) came from the side of village Taoru, which was being driven by Shamshu (petitioner) at a very high speed, in a rash & negligent manner and in a zig zag manner. Having noticed the rash and negligent speed of the offending tractor, Satish Kumar had taken his scooter on the kacha berm/portion of the road towards his correct side. However, the tractor driver could not control and rammed his tractor into the scooter after coming on wrong side, as a result of which, both the occupants of the scooter had fallen down and sustained injuries. After causing the accident, the petitioner ran away from the place of occurrence. Both the injured were removed to the hospital. Subsequently, injured Satish Kumar succumbed to his injuries sustained in the accident in question.

(3.) Levelling a variety of allegations and narrating the sequence of events, in all, according to the prosecution that the accident in question had taken place due to rash and negligent driving of petitioner while driving the offending tractor, culminating into the death of Satish Kumar. In the background of these allegations and in the wake of statement of complainant Chattar Singh (PW1), the present case was registered against the petitioner-accused, vide FIR No.165 dated 18.9.2001, on accusation of having committed the offences punishable under Sections 279, 338 and 304-A IPC by the police of Police Station Tauru, Distt.Mewat.