HARI KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a revision against the judgment passed by the Addl. Sessions Judge, Sonepat, dated 15.2.1991 by which the appeal filed by the petitioner was dismissed and the conviction of the petitioner under Sections 279 and 304-A IPC was upheld and the petitioner was sentenced to undergo rigorous imprisonment for three months under Section 279 IPC and one year rigorous imprisonment under Section 304-A IPC. The fine imposed on the petitioner was also upheld.

(2.) Briefly the facts of the case are that on 13.10.1987 Ram Dhan (deceased) had gone to village Badh Khalsa for some personal work along with Lakhmi (complainant). When they were returning back, Ram Dhan was crossing the road and in the meantime he was hit by the tanker No.DIC-1981 which was being driven by the accused petitioner in a rash and negligent manner. As a result of the accident, Ram Dhan received serious injuries. He was taken to a private hospital where he died after some time. The First Information Report was lodged at Police Station Rai on the statement of Lakhmi PW-5.

(3.) At the time of the accident the occurrence was "witnessed by Lakhmi PW5, Raj Pal PW6 and another Raj Pal son of Ram Phal PW who was given by up by the prosecution as having been won over by the accused. Dr. G.D. Sharma was examined as PW 1, Dr.R.N. Tehlan was examined as PW2 and various other witnesses were also examined. Both the trial Court as well as the Appellate Court came to the conclusion that the tanker was being driven by the petitioner in a rash and negligent manner as a result of which the accident took place, in which Ram Dhan died.