HAROON Vs. STATE OF HARYANA

JUDGEMENT

(1.) Haroon petitioner has directed the present revision petition against the order dated 11.9.2012 passed by Shri G.S.Wadhwa, learned Additional Sessions Judge, Nuh District Mewat vide which the appeal preferred by the petitioner-accused against the judgment dated 28.9.2011 and order dated 1.10.2011 passed by Shri Ankur Lal, Sub Divisional Judicial Magistrate, Ferozepur Jhirka, was dismissed.

(2.) The brief facts of the prosecution case are that on 27.4.2008 police party headed by ASI Kishori Lal was present at Reliance Petrol Pump Ferozepur Jhirka in connection with patrolling duty and crime detection, complainant Kayyum met the police party and got his statement recorded to the effect that his younger brother Irefan was married to Jannati daughter of Ahmad. He and his brother Irfan and Rujdar started from Udaka to village Tatta-ka-bas Doha. Irfan was going on his motor cycle No.HR-28-3687, while he and Rujdar were following him on motor cycle No.HR-26-AB- 4987. At about 4.30p.m. when they crossed village Maholi, one truck bearing registration No.HR-55-E-2884 came from back side and gave a direct hit into the motor cycle of his brother Irfan. He fell down on the road and crushed to death in accident. Truck driver sped away from the spot towards Alwar side. His brother expired on the spot. On the basis of aforesaid statement, the case under Sections 279 and 304A of the Indian Penal Code (in short the IPC) was registered in the police station.

(3.) On appearance of the accused copies of the documents as relied upon by the prosecution were supplied to the accused free of costs. The accused did not plead guilty to the charges framed against him under Sections 279, 304-A IPC, and claimed trial.