NIRMAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 23.8.1993 passed by the learned Addl. Sessions Judge, Jagadhri, who by maintaining the conviction and sentence passed by the learned trial court dismissed the appeal of the petitioner.

(2.) THE brief facts of the case are that on 19.11.1981 at about 8.00 p.m., Ram Singh, Phool Singh, Devki Nandan, Madan Lal, Surinder, Ram Chander, Rajesh Kumar and Ramji Dass were going in a tractor-trolley bearing No. HRX-779 and Ram Singh son of Babool Singh was driving that tractor. Phool SIngh was occupying the seat on the right side of the mudguard whereas Ramji Dass was occupying the seat on the left side of the Mudguard and the remaining persons were sitting in the trolley. When the tractor reached near village Sherpur, a truck bearing No. HYE-2282 came at a very fast speed and without blowing any horn and struck against the tractor-trolley consequently Madan Lal, Surinder, Ram Chander, Ramji Dass died at the spot, whereas Ram Singh and Rajesh Kumar died in the PHC, Sadhaura. At the time of accident Nirmal Singh was driving the offending truck. The injured were removed to PHC, Sadhaura in a Haryana Roadways bus. Rukka was sent by the doctor to the police station and SI Jeet Ram reached the hospital, who prepared the inquest reports. The tractor- trolley and the truck were taken into possession. The dead bodies of the deceased were subjected to post-mortem examination. On completion of the investigation of the case the petitioner was challaned under Sections 279, 337, 338 and 304-A IPC and charges were framed against him accordingly on 14.10.1992. The petitioner did not plead not guilty to the charges and claimed a trial.

(3.) THE learned Magistrate vide judgment and order dated 14/16.3.1991 convicted and sentenced the petitioner to undergo RI for 1-1/2 years and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo RI for one year Section 304-A IPC. He was further sentenced to undergo RI for three months and to pay a fine of Rs. 500/- under Section 279 IPC.