BIJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed against the order dtd. 15/12/2021 passed by the learned Additional Sessions Judge, Jhajjar vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dtd. 29/11/2018 and 30/11/2018 passed by Sub-Divisional Judicial Magistrate, Bahadurgarh, has been dismissed.

(2.) Briefly, the present case was got lodged on the statement of Sunil Kumar son of Rajpal to the effect that on 22/12/2013, he was coming from Bahadurgarh to his village Chhara in his vehicle bearing registration No.HR-13E-8500 make Mahindra Logan. One motor cycle CD Delux bearing registration No.HR-13E-5867 was going in front of his vehicle near Rewari Kheda Turn, which was driven by his co-villager Vicky and Dinesh was the pillion rider. At about 3.30 PM, when they reached on Rewari Kheda Mod, an Eicher Canter being driven in a rash and negligent manner by its driver came from the side of Bahadurgarh without blowing the horn or giving an indicator and hit the motor cycle from the back. Due to this, Dinesh and Vicky fell down on the road along with the motor cycle and sustained multiple injuries. The registration number of the offending vehicle was HR-63B-4119 and the driver disclosed his name as Bijender son of Jagbir Singh. Many people gathered on the spot and when he was holding Dinesh and Vicky the driver of the Canter fled away from there. Thereafter, he took Dinesh to GH Jhajjar, where he was declared dead by the doctor and Vicky was taken to PGIMS, Rohtak by his family members. The said accident took place due to the rash and negligent driving of the driver of the offending canter, Hence, legal action may be taken against him.

(3.) On the basis of above facts, FIR No.642 dtd. 22/12/2013 under Sec. 279, 337 and 304-A IPC P.S. Sadar Bahadurgarh was lodged. After registration of the case, investigation was set into moti on and after collecting sufficient evidence, the accused was arrested. After completion of the investigation, challan was prepared and presented before the Court, copy of which was supplied to the accused free of costs as envisaged under Sec. 207 Cr.PC.