SURENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant revision has been filed against concurrent findings of Courts below convicting the petitioner for offences under Sections 279, 337, 338, 304 -A IPC and awarding him sentence to undergo Rigorous Imprisonment for six months and to pay a fine of Rs.250/ -; in default of payment of fine to undergo Simple Imprisonment for two months under Section 279 IPC, to undergo Rigorous Imprisonment for six months and to pay a fine of Rs.250/ -; in default of payment of fine to undergo Simple Imprisonment for two months under Section 337 IPC, to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.500/ -; in default of payment of fine to undergo Simple Imprisonment for two months under Section 338 IPC and to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.1000/ -; in default of payment of fine to undergo Simple Imprisonment for three months under Section 304 -A IPC.

(2.) THE judgement of trial Court was challenged in appeal and conviction and sentence awarded by the trial Court has been affirmed.

(3.) THE facts of the case as emerged during the trial are that on 30.7.2010 at about 7.00 a.m. Sarjeet -complainant -respondent No.2 and his grandfather Raje Ram were going for walk on their proper side of the road towards water supply area. In the meantime, a motorcyclist came from behind in a rash and negligent manner and hit against his grandfather Raje Ram. Raje Ram fell down and sustained injuries. The driver of the said motorcycle No.HR -18A - 1599 left his vehicle at the spot and himself fled away. The complainant took his grandfather to General Hospital, Bhiwani. On his statement Ex.PW2/A formal FIR Ex.PW5/B was registered on the same day. Motorcycle was recovered from the spot and taken into possession vide recovery memo. Ex.PW2/B Investigation was set into motion. The victim was then admitted at Jindal Hospital, Hisar from where he was referred to Post -Graduate Institute of Medical Sciences, Rohtak (PGIMS) on 15.8.2010. On way to PGIMS, Rohtak Raje Ram succumbed to the injuries on his person and died. The death certificate of Raje Ram was taken into possession vide Memo. Ex.PW2/C.