JAI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) JAI Ram petitioner had been convicted for offence under Sections 279/337/304 -A by the court of Shri Sanjeev Jindal,. Judicial Magistrate 1st Class, Palwal, vide judgment dated 7.11.1996 and sentenced to undergo RI for six months and to pay a fine of Rs. 1,000/ - under Section 279 IPC. In default of payment thereof to further undergo RI for two months; to undergo RI for six months and to pay a fine of Rs.500/ - under Section 337 IPC. In default of payment thereof to further undergo RI for two months and to undergo RI for two years and to pay a fine of Rs.5,000/ - under Section 304 -A IPC. In default of payment of fine to further undergo RI for Six months. He had filed an appeal which had been dismissed by the court of Additional Sessions Judge, Faridabad vide judgment dated 4.7.1998. Against that judgment, the present revision was filed.

(2.) THE case of the prosecution against the present petitioner was that on 11.10.1992 Ashok Kumar and his family members were travelling in a Maruti Van No.DID 8003 from Palwal to Delhi. Udaypal was driver of that van. At about 10 a.m. when they had reached half kilometre ahead of village Baghola, a private bus No.DL -JP -2124 came from the opposite side i.e. Ballabgarh, being driven rashly and negligently by the present petitioner. It had caused head -on collision with the van, as a result of which Sudha wife of Ashok Kumar, Sumeet (son) aged 8 years and Puneet aged about 6 years died. Ashok Kumar had also received injuries. He got the case registered. After completion of the investigation, the accused was challaned. He faced trial. He was convicted and sentenced as aforesaid his appeal had been dismissed.

(3.) THE occurrence in this case had taken place at about 10 a.m. on 11.10.1992. The statement of Ashok Kumar had been made before the police at 11.45 a.m. on that very day and in this statement, name of Jai Ram accused -driver has been mentioned and it was further been mentioned that accused had run away after leaving the bus.