JAI PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present Criminal Revision petition has been filed challenging the judgment, dated 19.4.2012, passed by the learned Additional Sessions Judge, Fatehabad, whereby the appeal filed by the petitioner against the judgment of conviction, dated 20.5.2009, and the order of sentence, dated 22.5.2009, passed by the learned Judicial Magistrate Ist Class, Fatehabad, was dismissed.

(2.) The brief facts of the case are that on 2.9.2004, the complainant, Atam Parkash, suffered a statement to ASI Subhash Chand at Medical College, Agroha, to the effect that on the said day he along with his nephew, Amit (since deceased), was going to Hisar on the motorcycle. When they reached near Village Khara Kheri, towards Hisar side, he stopped the motorcycle for urinating. Amit remained sitting on the motorcycle. In the meantime, a Pick-up Jeep of white colour, bearing Registration No. HR-39-2665, being driven rashly or negligently by Jai Parkash (petitioner), came on the wrong side and struck the motorcycle. Resultantly, Amit, who was sitting on the motorcycle, suffered multiple injuries. The injured, Amit, was shifted to the hospital at Agroha with the help of the Highway Traffic Police, where he was declared dead.

(3.) On the basis of the statement of the complainant, the First Information Report was registered and after thorough investigation the charge-sheet was filed for prosecution of the petitioner for the offences punishable under Sections 279 and 304-A, IPC. In order to substantiate its allegation, the prosecution examined as many as five witnesses. In the statement recorded in terms of Section 313, Cr.P.C., the petitioner pleaded his false implication and claimed innocence. No defence evidence was led. The learned Trial Court held the petitioner guilty for the offences punishable under Sections 279 and 304-A, IPC, and sentenced him to undergo the imprisonments as follows:- Section Punishment 279, IPC. Simple imprisonment for six months, besides payment of fine of Rs. 200/- and in default of payment of fine to further undergo imprisonment for fifteen days.