BIR CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) BIR Chand has filed this petition against the judgment dated July 6, 1990 passed by the Additional Sessions Judge, Faridabad, vide which his conviction under Sections 279 and 304-A, Indian Panel Code, awarded by the Judicial Magistrate Ist Class, Faridabad, was upheld. However, his sentence under Sections 304-A, Indian Panel Code, has been reduced from 1-1/2 years to undergo rigorous imprisonment for one year. His sentence to undergo rigorous imprisonment for three months and to pay a fine of Rs. 250/- under Section 279, Indian Panel Code, has, however, been maintained by the learned Additional Sessions Judge, Faridabad.

(2.) THE petitioner, who was allegedly driving truck No. HRR-7588 on October 27, 1984, is alleged to have hit Motorcycle No. DHN-8978 being driven by Mahinder Singh on the National Highway near the main crossing of Ballabagh town, and thereby causing fatal injuries to Mahinder Singh and his wife Smt. Sheela (also described as Avinash Kaur), who was a pillion rider on the motorcycle. The petitioner fled away from the spot after leaving the truck there. The occurrence was witnessed by Manjit Singh P.W., who happened to be standing on the road outside his workshop, and Mool Chand P.W. Both the injured were removed to the local hospital. However, as the condition of both of them was serious, they were taken to the All Indian Institute of Medical Sciences, New Delhi, where both the injured died.

(3.) POST -mortem examination on the dead bodies of Mahinder Singh and his wife Smt. Sheela (also described as Avinash Kaur) was conducted.