JAMSHED KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this revision petition is to the judgment dated 30.5.2012 passed by Dr. Bharat Bhushan Parsoon, Sessions Judge, Gurgaon vide which the appeal preferred by the petitioner against the judgment and order dated 27.1.2012/28.1.2012 passed by Shri Ashu Kumar Jain, Judicial Magistrate Ist Class, Gurgaon, was dismissed.

(2.) Briefly stated the case of the prosecution in narrow compass is that on 18.2.2004 at about 7 a.m., complainant Parmanand started from his house towards his fields along with one Raj Singh son of Shiv Lal and his nephew Zile Singh who was also walking in front of them. A Tata Sumo vehicle bearing registration No. HR-26F-5002 came from the side of Rewari which was being driven by its driver at a very fast speed and in a rash and negligent manner and hit into Zile Singh due to which he fell down and thereafter the offending vehicle turned on its side after hitting a stone. Zile Singh became unconscious on account of head injury. The driver of the offending vehicle told his name as Jamshed Khan son of Yusuf Khan resident of Sabras. Zile Singh succumbed to his injuries on the spot. The driver of the offending vehicle fled away from the spot as several persons have gathered there. On the statement of complainant Parmanand, FIR was registered against the present petitioner. The Investigating Officer conducted the investigation in the shape of recording the statements of witnesses, prepared the site plan etc. and after the completion of investigation, challan under Section 279, 337 and 304-A IPC was filed.

(3.) Copies of the documents and challan were supplied to the petitioner free of cost as provided under Section 207 Cr.P.C. Having found prima facie case, charge under Sections 279, 337 and 304-A IPC was framed against the accused to which he pleaded not guilty and claimed trial.