SUNIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition is directed against the concurrent findings of the courts below in the light of which the petitioner stands convicted for offence under sections 304 -A and 279 I.P.C. In the light of such conviction the petitioner has been sentenced to undergo R.I for 6 months under section 304 -A and R.I for one month under section 279 I.P.C. Both the sentences have been ordered to run concurrently.

(2.) THE process of law was set in motion on the basis of statement recorded of complainant Pawan Kumar, PW -1 before the police alleging that on 15.4.2003 at about 5.30 P.M he along with his brother -in -law (Jija) Ranbir Singh was going to Jannat Banquet Hall, Delhi Road, Rohtak on a motorcycle, which was being driven by complainant and Ranbir Singh was the pillion rider. When they reached near Suhag Furniture House then one Alto Car bearing registration no. HR -12 -D -7071 came from behind and which was being driven rashly and negligently by the accused/petitioner and it struck the motorcycle as a result of which the complainant as also Ranbir Singh fell down and sustained injuries. Complainant Pawan Kumar, PW -1 and Ranbir Singh were taken to P.G.I.M.S, Rohtak by Vinod Kumar, PW -2 and Yogesh Kumar, PW -8. Ranbir Singh is stated to have succumbed to his injuries in such accident. It is against such broad allegations that the petitioner was prosecuted under sections 279, 337 and 304 -A I.P.C.

(3.) IN terms of lending credence to the testimony of the three material witnesses namely Pawan Kumar, Pw -1, Vinod Kumar, PW -2 and Yogesh Kumar, PW -8 the courts below had convicted the petitioner and consequently sentenced him in the manner noticed herein above. Learned counsel appearing for the petitioner in the light of the cogent and convincing evidence adduced on record would submit that he is not assailing the conviction of the petitioner on merits but pleads for invocation of the benevolent provisions of the Probation of Offenders' Act. Counsel further submits that the petitioner would be willing to offer a reasonable compensation to the family of the deceased Ranbir Singh.