SANTOKH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed against judgment dated 05.06.2012 rendered by learned Additional Sessions Judge, Patiala dismissing appeal filed by present petitioner against judgment of conviction and order of sentence dated 21.03.2011 passed by learned Sub Divisional Judicial Magistrate, Rajpura in FIR no. 213 dated 12.11.2004, under Sections 279/304A IPC, registered at police station City Rajpura vide which petitioner was convicted for offences under Sections 279/304A IPC and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 500/- and in default of payment of fine to further undergo simple imprisonment for two months for offence under Section 304A IPC alongwith other sentences.

(2.) I have heard learned counsel for the parties and have gone through both the judgments rendered by learned courts below.

(3.) Briefly stated, case of prosecution is that on 12.11.2004 Baljaur Singh -complainant alongwith his son Sanjay Kumar and Dr. Sharanjit Singh was going from his village to Rajpura in connection with purchase of electrical goods. Son of complainant was going ahead of them on scooter bearing registration no. PB-11-8534 and they were following him on a separate motorcycle bearing registration no. PBY-7299. At about 11.30 AM, when they reached near Bypass Chowk, Patiala, a bus bearing registration no. PB-23-A-6917 came from the side of Patiala to Rajpura, which was being driven by petitioner-accused in a very rash and negligent manner. He could not control the same and hit against the scooter being driven by Sanjay Kumar, due to which he fell on the road and came under the rear tyre of the bus, crushing his head. Sanjay Kumar succumbed to injuries at the spot.