STATE OF HARYANA Vs. HIMMAT SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the State against the judgment dated 2.7.1992 passed by the learned Additional Sessions Judge, Faridabad, vide which the conviction and sentence awarded to the respondent -accused by the trial Court was set aside.

(2.) THE facts of the case, in brief, are that Mohammad Illyas, informant, met HC Nar Singh, who was present near Janta Hotel, on the old G.T. Road, on 23.11.1986 and made statement Ex.PA. He reported that he was an employee of Janta Hotel and on that day around 6.00 P.M. he was standing in front of the Hotel when a truck bearing registration No. HRR -7459, driven in a rash and negligent manner, came from the side of Agra Chowk, Palwal, and hit a cyclist, who fell down. The truck sped away after the accident though the passers -by tried to stop it. The injured was removed to Civil Hospital, Palwal, but he succumbed to the injuries on 24.11.1986. The investigation was taken in hand by the HC Nar Singh. During investigation he prepared rough site plan of the place of accident and took into possession the offending truck which was being driven by the respondent -accused. He got the truck mechanically examined and after completion of the necessary investigation, Himmat Singh respondent was charged under Sections 279 and 304 -A IPC to which he pleaded not guilty and claimed trial.

(3.) THE trial Court, after taking into consideration the evidence on record, held the respondent guilty under Sections 279 and 304 -A IPC and sentenced him to undergo rigorous imprisonment for two years and a fine of Rs.2,000/ - under Section 304 -A IPC and in default of payment of fine to further undergo rigorous imprisonment for four months. For the offence under Section 279 IPC, he was awarded rigorous imprisonment of three months and a fine of Rs.500/ - and in default to further undergo rigorous imprisonment for 15 days. However, all the sentences were ordered to run concurrently.