MUKHTIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this petition is the judgment dated 10.1.2007 passed by Sh. Subhash Goyal, Additional Sessions Judge, Kaithal vide which the appeal filed by the accused-appellant against the judgment and order dated 13.7.2004 passed by Sh. R.K. Dogra, Sub Divisional Judicial Magistrate, Guhla, vide which the accused was convicted under Sections 279, 337 and 304-A IPC, was partly allowed.

(2.) Briefly stated, the facts of the case as enumerated from the record are that on 14.5.1999 at about 11.00 a.m. ASI Parmod Kumar was present in the police station where he got telephonic message from Mahabir Dal Hospital regarding road side accident. After receiving the phone Assistant Sub- Inspector along with constable Ram Kumar, Constable Rishi Pal reached in the Mahabir Dal Hospital, Cheeka and moved the application to doctor but the doctor stated that the injured has been referred to C.H.C., Guhla. The brother of Sham Lal named Dev Kumar @ Kaka was present out side the Mahabir Dal Hospital who got recorded his statement with the contents that he is bonafide resident of village Gora and he is a farmer. On that day he and his brother Jagdish along with his uncle Balkishan and son of' his uncle Sham Lal were going to Cheeka on Scooter and motor-cycle. His uncle was sitting over his motor-cycle and Sham Lal was sitting on the scooter of Jagdish bearing No.HR05- 2874 of white colour. As they reached near Goel Nursing Home then truck bearing No.HR-45-2921 came at a very fast. speed and hit the scooter of his brother from the front side. Due to accident his cousin brother Sham Lal fell on the other side away from the vehicle whereas the truck which was filled with rice bags over turned on his brother. Driver Mukhtair Singh ran away from the spot. He raised alarm then so many people appeared on the spot. After unloading some bags of rice the truck was made in correct condition. His brother Jagdish Chand was found dead on the spot due to the injuries. His cousin brother Sham Lal was taken into Mahabir Dal Hospital , Cheeka. One other fellow who was going on the cycle also got injuries as the accused has driven his truck in rash and negligent manner and has caused death of his brother. After recording his statement ruqa was sent to the police station through Constable Ram Kumar on the basis of which formal FIR was registered and after getting post mortem of the deceased and after proper investigation accused was arrested.

(3.) After completion of investigation challan was presented against the accused. Copies of the documents were supplied to the accused free of costs as provided under Section 207 Cr. P.C. On finding a prima face case charge under Sections 279,337 and 304-A IPC was framed against the accused to which he pleaded not guilty and claimed trial.