PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this revision petition is the judgment dated 13.1.2014 passed by Sh. Shekhar Dhawan, Sessions Judge, Gurgaon vide which the appeal preferred by the accused petitioner Pawan Kumar against the judgment and order dated 20/22.7.2013 passed by Sh. Amberdeep Singh, Judicial Magistrate Ist Class, Gurgaon, was dismissed vide which the petitioner was convicted and sentenced as under: - u/s 279 IPC RI for six months and to pay fine of Rs. 500/ - and in default of payment of fine to further undergo simple imprisonment for one month. u/s 304 A IPC RI for two years and to pay fine of Rs.1000/ - and in default of payment of fine to further undergo simple imprisonment for one month. Both the sentences were ordered to run concurrently. Briefly stated, the facts of the case are that complainant Saroj Bala made a statement to the police alleging therein that on 6.5.2004 at about 4.30 P.M. her son Nikhil, aged 3 years was playing in the street. One vehicle bearing registration No. HR 63T -9308 was parked in the street. The driver of the said vehicle was Pawan s/o Ram Kirpa and he also reside in the said street. He started his vehicle and reversed it at a very fast speed and her son who was playing behind the vehicle was run over by the said vehicle.

(2.) ON seeing this she raised hue and cry and driver stopped his vehicle. On hearing noise, one Satish Kumar also came at the spot. The driver Pawan and Satish Kumar took her son for medical treatment in the offending vehicle. Her son died due to the said accident. On the basis of the said statement of the complainant formal FIR was registered. The accused was arrested. After completion of the investigation challan was presented against the accused.

(3.) COPY of the documents as envisaged under Section 207 Cr.P.C. was supplied to the accused free of costs On finding a prima facie case, charge under Sections 279, 304 - A IPC was framed against the accused, to which he pleaded not guilty and claimed trial.