SANJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed against judgment dated 06.09.2012 rendered by learned Sessions Judge, Fatehabad vide which appeal filed by petitioner against judgment of conviction dated 15.12.2009 and order of sentence dated 16.12.2009 passed by learned Additional Chief Judicial Magistrate, Fatehabad arising out of FIR no. 150 dated 08.04.2004, under Sections 279/337/304A IPC, registered at police station Sadar Fatehabad convicting petitioner-accused for offences under Sections 279/337/304A IPC and sentencing him to undergo rigorous imprisonment for a period of three months and to pay fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for fifteen days for offence under Section 279 IPC; to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for fifteen days for offence under Section 337 IPC; and to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for fifteen days for offence under Section 304A IPC, was dismissed I have heard learned counsel for the parties and have gone through both the judgments rendered by learned courts below.

(2.) Brief allegations are that, Zuber Khan, complainant-injured alongwith his father, Mohamad Shamshan Khan (deceased) had gone to Ratia on 07.04.2004 on motorcycle bearing registration number HR-22-7471 being driven by deceased, Mohamad Shamshan Khan and his son, Zuber Khan was pillion rider. At about 1.00 PM when they reached at a distance of half kilometer from village Aherwan, a car bearing registration number DL-3CE- 0163, which was being driven by petitioner-accused in a very rash and negligent manner, came from the side of Fatehabad. The deceased had taken his motorcycle to his extreme left hand side of the road i.e. on Katcha portion of the road. However, accused could not control his vehicle and hit against the motorcycle by bringing the same to wrong side of the road. Due to the impact, both the riders of the motorcycle fell down. Both of them sustained injuries. However, driver of the motorcycle, Mohamad Shamshan Khan sustained serious injuries and later on he succumbed to the injuries.

(3.) Petitioner-accused was apprehended at the spot. After completion of investigation, report under Section 173 Cr.P.C. was filed against the petitioner, who faced trial before learned trial Court. He was convicted for offences under Sections 279/337/ 304A IPC and was sentenced by learned trial court as aforementioned. Appeal filed by petitioner-accused against the said judgment was also dismissed by learned Sessions Judge, Fatehabad.