AMIN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER was convicted under Sections 304-A, 279 and 427 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/- under Section 279 of the Indian Penal Code; in default of payment of fine he was ordered to further undergo RI for a period of three months. He was sentenced to undergo RI for a period of two years under Section 304-A of the Indian Penal Code and was sentenced to undergo RI for six months and to pay a fine of Rs. 1000/- under Section 427 of the Indian Penal Code; in default of payment of fine he was further ordered to undergo RI for three months on February 26, 1986 by the Additional Chief Judicial Magistrate, Rohtak. The appeal of the petitioner was dismissed on July 17, 1986 by the Additional Sessions Judge, Rohtak.

(2.) BRIEFLY stated the prosecution case is that on October 16, 1988 at about 8 p.m., Narain Singh and Ram Kumar were sitting outside the Baithak of Bhola when in the meantime bus No. HRJ-3567 came at a rash speed in a zig-zag manner from the side of Rohtak. The bus came to its wrong side of the road and struck against the cart standing there resulting into damage to the cart. Further the bus struck against the bullock cart. The driver turned the bus towards his left hand side and struck it against the camel cart which was standing on the Kacha portion of road. The driver could not control the bus and struck it against the house of Bhola Carpenter, as a result of which his house fell down. Bhola and his son, who were sitting in front of their house, came under the bus and were run over and sustained serious injuries. The bus further struck into the house of Laxmi which house had also fallen. The accused was caught at the spot by Ram Narain etc., and he disclosed him name as Amin Lal. However, he managed to escape from there Bhola and Chander were taken to Medical College and Hospital, Rohtak. Narain Singh reported the matter to the police, on the basis of which the present case was registered against the petitioner. Bhola and Chander succumbed to their injuries in the hospital.

(3.) ON the person of Bhola, the doctor found the following injuries :-