SURENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was prosecuted under Sections 304-A and 279 of the Indian Penal Code and was sentenced to undergo RI for one year under Section 304-A IPC and six months under section 279 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) THE facts of the case are that on 9.11.1991 at about 3.45 P.M. the petitioner was driving truck No. HR 31-2875 in the area of village Masana and in front of the truck, Brij Lal and his partner Inder Pal Singh deceased were carrying their that tent goods in tractor-trolley No. HRK-7935, which was being driven by Shri Sadha Singh from Shahbad to Masana. The trolley was loaded with tent and other materials. Inder Pal Singh and Brij Lal were sitting in the trolley over the tent. When the tractor-trolley reached near the Kalsi Factory, Shahbad, the truck driven by the petitioner came from behind from Shahbad which was driven in rash and negligent manner, hit the tractor-trolley and as a result of which Inder Pal Singh fell down from the trolley and died. It is further the case of the prosecution that the petitioner ran away from the spot along with the truck but subsequently he was arrested.

(3.) TO prove its case against the petitioner, the prosecution examined Brij Lal (PW 1) who is the eye-witness of the occurrence, Bhagat Singh (PW2) who identified the dead body of Inder Pal, Sadha Singh (PW3) who is the driver of the tractor-trolley, Ashok Kumar (PW4) who is the owner of the truck, ASI Raj Kumar (PW5) who is the investigator of the case, Head Constable Chander Mohan (PW6) is the formal witness is whose presence the truck as well as the driving licence were taken into possession, Head Constable Maan Singh (PW7) who has mechanically tested the truck and the tractor-trolley, Inspector Bir Singh (PW8) who prepared report under Section 173 Cr.P.C., Surinder Kumar (PW8) who deposed about the rash and negligent driving of the truck by the petitioner and Balak Ram (PW9) who took the photographs of the place of occurrence.