LAWS(P&H)-2004-3-65

BALBIR SINGH Vs. STATE OF HARYANA

Decided On March 10, 2004
BALBIR SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) BALBIR Singh son of Norang was convicted by the Judicial Magistrate Ist Class, Jind vide impugned judgment dated 14/15.9.1993 under Sections 279 IPC, 337 IPC and 304-A IPC and has been sentenced to undergo RI for three months under Section 279 IPC, RI for six months under Section 337 IPC and RI for one year under Section 304-A IPC. All the sentences were ordered to run concurrently. Aggrieved by the impugned judgment, he filed an appeal, which also stands dismissed vide judgment of learned Additional Sessions Judge, Jind dated 1.3.1995. Hence the present revision.

(2.) BRIEFLY , the case of the prosecution is that on 24.4.1988 at 11.05 AM, a bus bearing registration No. HRV-3755 driven by Inder Singh was coming from Assandh to Jind. When it reached near Gangatehri Bus Stand, at a distance of 1-1/2 kilometres from village Alawa, a four wheeler bearing registration No. HYK-6057, being driven by Balbir Singh, the present petitioner at a fast speed was coming from the side of Jind. All of a sudden, the petitioner turned the four wheeler on its wrong (right) side and hit the bus from the front side. As a result of the impact, the passengers of the four wheeler including the petitioner received injuries. Phool Pati, wife of Mange Ram subsequently succumbed to the injuries. The matter was reported to the police by Inder Singh driver of the bus. The formal FIR was recorded. After completion of investigation, the petitioner was challaned.

(3.) I have heard Mr. R.K. Gupta, learned counsel for the petitioner and the learned State counsel. With their assistance, I have gone through the entire record.