KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT was convicted for commission of an offence under Section 304-A of the Indian Penal Code (in short the Code) for having caused death of Smt. Kitabo, aged about 50 years, by running his buffalo cart, over her, in a rash and negligent manner and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5,000/-. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of six months. Hence this appeal.

(2.) IT was case of the prosecution that on February 26, 1992, accused-appellant had caused death of Smt. Kitabo by running over her, his cart in a rash and negligent manner. Accordingly FIR No. 50 dated February 27, 1992, was recorded against the appellant at Police Station Gohana for commission of offences under Sections 279, 337 and 304-A of the Code.

(3.) AFTER completion of investigation, final report was submitted before the competent Court. However, the trial Magistrate after looking into evidence on record came to a conclusion that since there were allegations of causing injuries intentionally to the deceased, committed the case to the Court of Sessions for its trial under the provisions of Section 304 of the Code. Charge was framed against the appellant under Section 304, Part I of the Code. Prosecution led evidence to prove its case. In that process, two of the eye witnesses, namely. PW1 Jagdish son of Roop Chand and PW2 Khetu son of Banawri were declared hostile. Only PW3 Chander Roop, husband of the deceased, supported the prosecution version to a larger extent.