YUSUF Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dtd. 5/12/2015 passed by the learned Sessions Judge, Palwal, vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dtd. 9/6/2015 passed by learned Chief Judicial Magistrate, Palwal, has been dismissed.

(2.) The case of the prosecution in brief is that the complainant is a barber. On 28/3/2011 at around 5.15 pm, the complainant alongwith his wife on his motorcycle bearing no. HR30E-1810 Make Hero Honda CD Dawn was going to the village Hasanpur. The complainant was also accompanied by his brother -in-law Narender Kumar who was on another motorcycle bearing no. UP13-1533 marka Hero Honda CD Deluxe. The brother-in-law of the complainant was riding in front of them and when they reached Chandhut Police Station near Yamuna Bridge, a truck bearing no. RJ-02GA-2099, whose driver was driving in a rash and negligent manner, collided with the motorcycle of Narender Kumar due to which he fell on the road and received injuries. The complainant drove his motorcycle off the road in order to save himself but the unknown driver drove his truck in a rash and negligent manner and struck Narender Kumar from behind and he succumbed to his injuries and died on the spot. The driver ran away from the spot leaving his truck there and at that time the complainant saw the driver. He prayed for action against the accused.

(3.) On the same day i.e 28/3/2011 after getting the intimation that an accident had occurred near the police station between a motorcycle and a truck, ASI Virender Singh along with HC Devender Kumar and Ct. Maan Singh reached the spot and met the complainant namely Kunwar Pal who got his statement recorded upon which formal FIR no. 57 was registered against the accused. Site plan Ex. PW7/D was prepared. The truck bearing no. RJ02 GA-2099 was taken into police possession vide recovery memo Ex. PW6/A. The report of the mechanical examination of the offending vehicle Ex. PW8/A was obtained. The driving license of the accused and RC of the offending vehicle were taken into police possession vide recovery memo Ex. PW6/B. The accused was arrested and on completion of investigation, challan against the accused was presented before the Court.