OM PARKASH Vs. STATE OF HARAYANA

JUDGEMENT

(1.) This revision is directed against the judgment dated 4.10.1996 passed by learned Additional Sessions Judge, Gurgaon in Criminal Appeal No. 2 of 1.5.1996 dismissing the appeal filed by the petitioner against the judgment of conviction dated 17.4.1996 and order of sentence dated 18.4.1996 passed by Chief Judicial Magistrate, Gurgaon.

(2.) The brief facts of the prosecution case are that on 8.10.1992 at about 12.40 PM, H.C. Raj Singh, along with other police officials, was present at Octroi post of Bus Stand, Gurgaon. Arjun Dev, complainant, (PW-1) made a statement Ex. PW- 1/A to the effect that he was a student of Senior Secondary School (Boys), Gurgaon and was resident of village Wazirabad. At about 11.00 AM, he was waiting at Booth No. 8 for a bus of his village. He heard a noise of an accident. He immediately reached at booth of Jhajjar and saw that the driver of bus No. HR-26-2202 was backing the bus in a rash and negligent manner and a young boy had come in between the pillar and the back side portion of the bus. He was crushed down. The bus driver immediately fled away after leaving the bus. He took the injured to Government Hospital, Gurgoan for treatment where he was declared dead by the doctor. The bus pass held by the deceased revealed his name - Naveen Kumar son of Subhash Nagpal resident of H. No. 1180/12 Arjun Nagar, Gurgaon, and a student of 10th class. On the basis of the said address, he informed his family members.

(3.) On the statement of Arjun Dev, complainant, a case F.I.R. No. 345 dated 8.10.1992 was registered under Sections 279/304-A IPC at Police Station - City Gurgaon against the accused- petitioner. After investigation, challan was presented in the Court and the accused was charged under Sections 279/304-A IPC for which he pleaded not guilty and claimed trial.