RESHAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this revision petition is to the judgment dated 14.09.2007 passed by Shri N.K.Biriwal, Additional Sessions Judge, Fast Track Court, Sirsa, vide which the appeal preferred by the appellant against the judgment of conviction dated 02.08.2004 and order of sentence dated 04.08.2004 passed by Shri A.L.Singal, Sub Divisional Judicial Magistrate, Dabwali, vide which accused/petitioner was held guilty for an offence punishable under Sections 279/337/304-A of the Indian Penal Code (in short "the IPC") and and sentenced him to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.1000/- and in default of payment of fine to further undergo imprisonment for a period of one month for an offence punishable under Section 279 IPC; he was further sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.500/- and in default of payment of fine, to undergo further imprisonment for a period of 15 days for an offence punishable under Section 337 IPC; and to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.2000/- and in default of payment of fine to further undergo imprisonment for a period of two months for an offence punishable under Section 304-A IPC. However, all the sentences were ordered to run concurrently, was dismissed. However, the sentence under Section 304-A IPC was reduced from 02 years to 09 months and the remaining sentence was ordered to run concurrently.

(2.) Shorn off the unnecessarily details of the case, the brief summary of the case of prosecution is that on 20.10.1996, a ruqa along with MLRs of Resham Singh, Anil Kumar, Krishna, Lajo Bai, Gora Chander, Gian Chand, Santu and Kaka Ram, was received in police station from Community Health Centre, Dabwali. Accordingly, ASI Hardev Singh went to the hospital and after obtaining the opinion of doctor, he recorded the statement of Shankar Lal who stated that he was employed as driver on tractor owned by Jaggar Singh. On 20.10.1996, in the evening, he was going to village Lakhauna after carrying a couple of cows from cattle mandi Kalanwali in the trolley attached with the said tractor. When he reached near village Masitan, a bus bearing registration No. HR-39-3839 came from behind which was driven rashly and negligently and it struck against the rear portion of the trolley and then due to high speed, struck against the tree. Due to this, many passengers suffered injuries. One passenger namely Nachhattar Singh died. Shankar Lal also received injuries in the said accident. On his statement, formal FIR was registered. Investigation was carried out. Rough site plan was prepared. The accused was arrested. After completion of investigation, challan against the accused was presented in Court.

(3.) On presentation of challan, copies of same were supplied to the accused free of costs, as envisaged under Section 207 Cr.P.C. On finding a prima-facie case made out against the accused, charge under Section 279/337/304-A of the Indian Penal Code was framed against the accused to which he pleaded not guilty and claimed trial.