TEG SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has challenged the concurrent findings of the Courts below, convicting him under Section 279 and 304 -A of Indian Penal Code (IPC). The petitioner was awarded one year of simple imprisonment and to pay fine of Rs. 2000/ -, in default to further undergo simple imprisonment for 20 days under Section 304 -A IPC. He was also sentenced to undergo 3 months of simple imprisonment and to pay fine of Rs. 500/ -, in default to further undergo simple imprisonment for 10 days under Section 279 IPC. Both the sentences were to run concurrently.

(2.) FIRST Information Report (FIR) was recorded by PW -1 Kiran Pal father of the deceased. PW -1 is a bandmaster. His group was engaged for a marriage function in village Rajokheri of District Ambala on 25.10.2008. Parveen Kumar @ Monu (deceased) the son of complainant was also a member of the same band group. After the ceremony, Parveen @ Monu, Kuldeep Singh and Rakesh Kumar, members of the band group started from village Rajokhri on foot. After sometime, the complainant also left the marriage function on his motorcycle. The complainant reached near the culvert of Rajokheri - Barara road at about 6.00 p.m. and saw his son with his companions going ahead on their proper side of the road. In the meanwhile, a speeding Ford Tractor -trailer No. HYL -2373 came from the side of village Rajokheri. The driver of the offending vehicle hit the son of complainant from behind by driving his vehicle in a rash and negligent manner. Parveen Kumar had fallen on the road and tractor -trailer crossed over the head of the deceased. The tractor driver left his vehicle at some distance from the spot on Tandwal turning of the road and fled from the spot. The complainant came to know the name of driver as Teg Singh -petitioner. Parveen Kumar @ Monu died at the spot due to the injuries suffered in the accident.

(3.) ON receiving telephonic information, the police party reached the spot and recorded the statement of Kiran Pal at about 7.15 p.m. as per the endorsement made on the statement Ex. PW -7/C.