SUSHALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present criminal revision petition is directed against the impugned judgment dated 11.05.2015 passed by learned Additional Sessions Judge, Palwal, whereby appeal of the petitioner was dismissed, his conviction and sentence awarded by the learned trial Court, vide impugned judgment of conviction dated 16.04.2013 and order of sentence dated 17.04.2013, was upheld.

(2.) Briefly put, facts necessary for disposal of the present case, as recorded by the learned Additional Sessions Judge, in para 2 & 3 of his impugned judgment, are that on 15.12.2015, ASI Sunder Singh with his police team was on patrol duty at Hassanpur Chowk. An information was received that Amit and Monu have been admitted in Escorts Hospital in an injured condition. ASI Sunder Singh visited Escorts Hospital and recorded the statement of complainant Shiv Kumar (PW1) to the effect that he was Manager of Manas Shiksha Sadan and one Rajesh Sharma came to master Nahar Singh, Baidh, near Ram Het Colony for taking medicines. When they were returning back, they were standing near the house of Nahar Singh, master. At that time from the Palwal side, his son Mayank @ Monu and his nephew Amit Kumar came driving motorcycle bearing No. HR51P/7028 Mark Hero Honda and going towards Goverdhan at 8.30 AM. They reached near the house of master Nahar Singh from the back side when from Hassanpur Chowk, a truck bearing registration No. HR30J -0198 came driving at a high speed and in a rash and negligent manner and struck the motorcycle. Due to the said collision, Monu @ Mayank and Amit fell down from their motorcycle. The truck ran over them. Thereafter the truck stopped for sometime. Name of the driver was revealed as Sushali. The injured Mayank @ Monu and Amit were taken to Escorts Hospital for treatment, however, due to the injuries sustained by Monu @ Mayank and Amit, they died in the Escorts Hospital, Faridabad. It was mentioned by the complainant that accident was caused due to negligence driving of the truck driver namely Sushali.

(3.) Levelling a variety of allegations and narrating the sequence of events, in all, according to the prosecution, the accident in question had taken place due to rash and negligent driving by the accused, while driving the offending truck, in which, Mayank @ Monu and Amit Kumar sustained injuries and subsequently died. In the background of these allegations and in the wake of statement Ex. PW1/A of the complainant Shiv Kumar, the present criminal case was registered against the accused by virtue of FIR No. 257/05 dated 15.10.2005 under Ss. 279/304A IPC Ex. PW2/A, on accusation of having committed offence punishable under Ss. 279/304A IPC by the police of P.S. Hodal in the manner depicted hereinabove. After completion of investigation, the final police report (challan) was submitted by the police against the accused to face the trial for the indicated offences.