PARMOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was convicted under Sections 279 and 304 A of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 100/- and in default of payment of fine to undergo further rigorous imprisonment for 10 days under Section 279, Indian Penal Code, and to under rigorous imprisonment for one year and to pay a fine of Rs. 400/- and in default of payment of fine to undergo further rigorous imprisonment for 40 days under Section 304 A, Indian Penal Code, by Judicial Magistrate 1st Class, Faridabad, vide his order dated July 7, 1986. The petitionerTs appeal was dismissed on September 10, 1986, by the Additional Sessions Judge (I), Faridabad, but his sentence of imprisonment under Section 304 A I.P.C. was reduced from one yearTs rigorous imprisonment to nine months rigorous imprisonment.

(2.) The brief facts of the prosecution case are as follows: - On July 5, 1984 at abut 8.00 A.M. while crossing the road on foot, Bimla Devi was hit by the motor cycle driven by the petitioner rashly and negligently. The petitioner himself also fell down on the road and received some injuries and was apprehended by Darshan Singh and Han Chand P.Ws. Bimla Devi injured and the accused/petitioner were taken to B.K. Hospital, Faridabad for treatment, where they were medico-legally examined. Bimla Devi was referred to All India Institute of Medical Sciences, New Delhi, where she succumbed to her injuries. Darshan Singh P.W. got recorded his statement with the police on the basis of which formal first information report was registered in the Police Station Kotwali, Faridabad.

(3.) The prosecution in support of its case examined Inderjit Photographer P.W. 1, Raj Kumar Motor Mechanic P.W. 2, Duli Chand P.W. 3, Darshan Singh P.W. 4, Rajinder Kumar P.W.5, Dr. A.K. Saxena P.W. 6, Raj Kumar P.W. 7, Dr. Rajan Kalra, P.W. 8, Dr. Parkash Jam P.W. 9, Head Constable Roshan Lal P.W. 10, A.S.I. Han Lal P.W. 11 and Ghansham Dass P.W. 12.