VIJENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is against the judgment-dated 15.10.1986 rendered by Additional Sessions Judge (I), Faridabad maintaining the conviction and sentence awarded to the petitioner by Additional Chief Judicial Magistrate, Faridabad for offences under Sections 304-A and 279 I.P.C.

(2.) The brief facts of the case are that on 20th May, 1984 Jagtar Singh along with his two sons Hardeep and Gurmeet was going to answer the call of nature At about 9.00 A.M. when they reached near Y.M.C.A. Chowk, truck bearing No. HRC-4855 came from the opposite direction. The petitioner was driving it in a rash and negligent manner. The petitioner did not blow any horn. The truck hit against Gurmeet causing him multiple injuries on his head and other parts of body as a result of which Gurmeet died at the spot. Sohan Singh witnessed the accident. The matter was reported to Sub-Inspector Vishnu Kumar who reached the spot while patrolling the area and the petitioner was apprehended at the spot. After investigation challan was presented against the petitioner.

(3.) The petitioner pleaded not guilty to the charge under Section 304-A and 279 I.P.C. and contended that he was falsely involved in the case but considering the evidence led by the prosecution the trial Court held him guilty and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- for the offence under Section 304-A, I.P.C. and i.e. further undergo simple imprisonment for four months under Section 279 I.P.C.