KULDEEP @ LADDI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this revision petition is the judgment dated 29.5.2012 passed by Sh. Subhash Goyal, Sessions Judge, Sirsa, vide which the appeal preferred by the appellant-accused against the judgment and order dated 28/29.1.2010 passed by Ms. Alka Malik, Additional Chief Judicial Magistrate, Sirsa, was dismissed. Briefly stated, accused Kuldeep @ Laddi was sent to stand trial for offence under Sections 279, 427, 304-A IPC by SHO Police Station City Sirsa, in respect of FIR No.521 dated 2.7.2003.

(2.) The case of the prosecution, in brief is that Zile Singh s/o Jiwan Ram, informed that he is working as a driver on tractor belonging to R.D. Bansal. On 2.7.2003 at about 11.00 A.M., when he was going to field for the purpose of bringing mud in the tractor, one Raju s/o Kanha Ram and Sanjay Kumar s/o Ram Kumar accompanied by his son Vinod Kumar alongwith his friend Sonu were going on a scooter bearing registration No. HR-24F 5231 just in front of them. When they reached at Arovansh Chowk, one truck bearing registration No. RJ 31G 1956 came from Dabwali side being driven at a very high speed and rashly and negligently and the truck driver came on the wrong side and hit the scooter of his son, due to which his son Vinod Kumar and his friend Sonu both got entangled in the front wheels of the truck. The truck driver ran away from the spot, whose name was known as Laddi r/o Rasulpur. It is further alleged that Vinod Kumar his son was died on the spot, whereas Sonu was severely injured and was got admitted in the hospital, who later on succumbed to the injuries. The accident had taken place due to rash and negligent driving of the driver of the truck namely, Laddi. After completion of the investigation, challan was presented against the accused. Copies of challan and documents were supplied to the accused free of costs as envisaged under Section 207 Cr.P.C. On finding a prima facie case, charge under Sections 279, 427, 304-A IPC was framed.

(3.) The prosecution, in order to bring home guilt of the accused examined PW-1 Zile Singh complainant, PW-2 Dr. C.P. Dadich, PW-3 Kirpa Nand Mechanic, PW-4 Prem Kumar photographer, PW-5 Sanjay, PW-6 Raju, PW-7 Dr. Joginder Singh, PW-8 Ram Kumar ASI, PW-9 Pyare Lal SI and closed the prosecution evidence. After completing the prosecution evidence, the accused was called upon to make his statement under Section 313 Cr.P.C. All the incriminating evidence was put to him, to which he denied and pleaded false implication. The accused was called upon to lead his defence evidence, but he closed his defence evidence without examining any DW.