RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has filed this revision against the judgment of conviction and order of sentence dated 22.4.1997 passed by learned Sub Divisional Judicial Magistrate, Charkhi Dadri, in case FIR No. 155 dated 6.9.1990 under Sections 279/304-A IPC Police Station City Dadri vide which petitioner has been convicted and sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 500/- for the offence committed by him under Section 279 IPC and rigorous imprisonment for a period one year and also to pay fine of Rs. 1000/- for the offence committed by him under Section 304-A IPC. It was further ordered that in case of default in payment of fine, accused will have to undergo RI for a period of three months. Againt this judgment and order, the petitioner filed an appeal before the learned Additional Sessions Judge (I), Bhiwani, which was dismissed on 18.4.1998 upholding the order passed by the learned trial Court.

(2.) BRIEFLY , the prosecution story is that on 6.9.1990 at about 6.00 PM. Smt. Naraini Devi wife of Pehlad Rai, resident of Charkhi Dadri, was going to the Shiv tample for offering prayers. She was being followed by her son Radhey Shyam. When Smt. Naraini Devi reached near the Higher Secondary School for boys Rajesh appellant came from the opposite direction driving scooter No. HYT-9391. The case of the prosecution is that the said scooter was being driven by the appellant at a fast speed rashly and negligently, as a result of which it hit Smt. Naraini Devi, who fell on the ground and received serious injury on her head and minor injuries on the other parts of her body. Radhey Shyam took Smt. Naraini Devi in a rickshaw in the Civil Hospital, Charkhi Dadri where she was admitted. After some time, Smt. Naraini Devi succumbed to the injuries suffered by her.

(3.) IN support of its case, the prosecution examined, PW-1, Dr. Ishwar Singh, PW-2 Kesho Ram, PW-3 Suraj Bhan, PW-4 Dr. Suresh Chander and PW-5 Complainant Radhey Shayam, PW6 HC Mahender Singh and, PW-7 ASI Daya Kishan and after tendering certain documents, closed its evidence.