RANBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT criminal revision petition is directed against the judgment dated 21.7.2014 passed by the learned Additional Sessions Judge, Rohtak, whereby he dismissed the appeal of the petitioner and upheld the judgment of conviction dated 5.1.2012 passed by the learned Judicial Magistrate First Class, Rohtak, however, sentence of the petitioner was reduced by the learned Additional Sessions Judge from two years' rigorous imprisonment to one year for the offence under Section 304 -A IPC.

(2.) BRIEF facts of the prosecution case are that on 11.7.2004 a VT was received from the control room Rohtak in the police station that a dead body was lying at village Titoli turn. On receipt of said information, Head Constable Shamsher Singh along with constable Ved Parkash reached at village Titoli turn, where complainant Satyawan made the statement that he was resident of village Titoli and he was agriculturist. Mukesh son of Surat Singh was the son of his brother and he and Mukesh were running a hotel at Jind Road Rohtak. On 11.7.2004 at 10.00 P.M. Mukesh proceeded on his scooter bearing No. HR -12C -3583 from his hotel to home and complainant also proceeded on the Motorcycle bearing No. HR -13 -8655 from the hotel to. his home. He was going behind the scooter of Mukesh. Umesh son of Surat Singh, his nephew, was also pillion rider on his motorcycle. At about 10.15 P.M., when the scooter of Mukesh reached near nut bolt factory, then one truck came from the behind. Driver was driving the truck in a fast speed and in a rash and negligent manner who hit the scooter of the deceased from the driver side. Resultantly, Mukesh fell down from the scooter and the rear tyre of the truck rolled over the scooterist Mukesh. Then driver of the truck stopped the truck and he noted the number of the truck as HR -46B -1710 and the driver of the truck disclosed his name as Ranbir Singh son of Ganga Shah resident of village Titoli. Thereafter, driver of the truck fled away from the spot towards village along with the truck. Injured Mukesh succumbed to the injuries at the spot due to the accident. The accident was caused due to rash and negligent driving of the truck driver and he requested that legal action be taken against him. He left Umesh near the dead body and when he was going to report, police met him. On this, Head Constable Shamsher Singh put his endorsement on it and sent the tehrir through constable Ved Parkash. On this, formal FIR bearing no.113 dated 12.7.2004 was got registered under sections 279/304 -A IPC in the Police Station Sadar, Rohtak. After that, investigation agency swung into action. Site plan of the place of accident was prepared and proceedings under section 174 Cr. P.C. were carried out. Post mortem on the dead body of the deceased was got conducted. The accidental scooter was taken by the police in their possession from the place of accident and photographs were also taken. Statements of the witnesses were recorded. Accused was arrested and the accidental truck, its RC and driving license of accused were taken by the police in their possession. The accidental vehicles were got mechanically inspected and their reports were obtained. On completion of necessary investigation, the challan was prepared and presented in the court for commencement of trial of the accused.

(3.) HAVING found a prima facie case, charge was framed against the accused for committing the offence punishable under Sections 279/304 -A IPC. The accused pleaded not guilty and claimed trial. With a view to prove its case, prosecution examined as many as five prosecution witnesses, besides tendering relevant documents in evidence. After closing of the prosecution evidence, statement of the accused was recorded under Section 313 Cr.P.C., while putting the entire incriminating material to him. The accused denied his involvement and pleaded false implication. However, the accused did not lead any evidence in defence.