SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present criminal revision petition has been filed challenging the judgment dated 27.11.2012, rendered by the learned Additional Sessions Judge, Rohtak, whereby the appeal filed by the petitioner against his conviction and sentence, for the offences punishable under Sections 279, 304-A and 337, IPC, in a case arising out of FIR No. 251, dated 29.12.2003, registered at Police Station, Sadar, Rohtak, awarded by the learned Judicial Magistrate Ist Class, Rohtak, was dismissed.

(2.) Concisely stated, the facts of the case are that on 28.12.2003, Sombir along with his cousin, Karambir, was coming to his village Kabulpur, from Rohtak, in the auto-rickshaw of Sham Sunder, bearing Registration No. HR-46-B-1185. The complainant, Sombir, was sitting on the left side, while Karambir was sitting on the right side of the driver of the auto-rickshaw. When the said auto-rickshaw had covered a distance of half kilometer from village Ritoli towards Beri, a four-wheeler being driven at a fast speed, in a rash and negligent manner, came from the opposite side and hit against the above stated autorickshaw. Resultantly, the complainant, Sombir, and Karambir both fell on the metalled road and sustained injuries. Karambir succumbed to the injuries on the spot. The driver of the fourwheeler stopped his vehicle, bearing Registration No. HR-46- 7690, at some distance from the place of accident. He disclosed his name as Satbir (petitioner). When the complainant, Sombir, and auto-rickshaw driver, Sham Sunder, were attending to Karambir, the petitioner got an opportunity and fled away after leaving the four-wheeler at the spot.

(3.) On the basis of the statement suffered by the complainant, Sombir, the FIR was registered. After completing the formalities of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) was presented before the learned Area Judicial Magistrate. Finding a prima-facie case, the then learned Additional Chief Judicial Magistrate, charge-sheeted the petitioner for commission of the offences punishable under Sections 279, 304-A and 337, IPC, to which he pleaded not guilty and claimed trial.