SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 20.07.2005 passed by the Additional Sessions Judge, Gurgaon who partly accepted the appeal and reduced the sentence of one and a half year awarded to the petitioner under Section 304-A IPC to one year while maintaining the sentence of fine and the sentence awarded under Section 279 IPC.

(2.) The petitioner faced trial in FIR No.1776 dated 25.09.1997 and was convicted by the Chief Judicial Magistrate, Gurgaon on 15.12.2004 for the offence punishable under Section 279/304-A IPC. He was sentenced to undergo rigorous imprisonment for one and a half year along with a fine of Rs.500/- under Section 304-A IPC and rigorous imprisonment for a period of four months under Section 279 IPC. Both the sentences were ordered to run concurrently.

(3.) A brief reference to the factual aspects would suffice as the prayer made by the petitioner is limited to the extent of quantum of sentence. The incident occurred on 25.09.1997 at 2:15 PM when a Tata Sumo driven by accused Satbir struck against the cyclist which led to injuries to Bhikam Parshad. Bhikam Parshad was shifted to Kalyani Hospital for treatment in the same Tata Sumo vehicle. The allegations are that after the admission, the accused escaped in his vehicle. The FIR was lodged on the statement made by Vijay Parshad, brother of Bhikam Parshad.