RAM AVTAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Ram Avtar son of Shri Nathu Ram, resident of village Ward No.3, Loharu, District Bhiwani has filed the present revision petition challenging judgment dated 13.12.2005 passed by learned Sessions Judge, Bhiwani, whereby the appeal preferred by the petitioner against the judgment of conviction dated 29.7.2004 and order of sentence dated 30.7.2004 passed by learned Additional Chief Judicial Magistrate, Bhiwani in case FIR No.77 dated 5.3.2000 under Sections 279 and 304-A IPC, registered at Police Station Sadar Bhiwani, was dismissed.

(2.) The trial Court vide judgment dated 29.7.2004 had convicted the petitioner and vide order dated 30.7.2004 sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,500/- for the offence under Section 304-A IPC and in default of payment of fine, to further undergo imprisonment for a period of 20 days. The petitioner was also sentenced to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.500/- for the offence under Section 279 IPC and in default of payment of fine, to further undergo imprisonment for a period of 10 days. However, both the sentences were ordered to run concurrently.

(3.) Briefly stated, the case of the prosecution is that on 5.3.2000 on receipt of information from General Hospital, Bhiwani regarding the death of Pardeep son of Ranbir Singh, ASI Dalip Singh along with other police officials reached there. He recorded the statement of Ranbir Singh to the effect that on that day at about 9.00 a.m., he along with his wife and two sons was going to their village Dinod from his in-laws house at village Golpura. When they were standing at Devsar curve, Bhiwani, a Tata-407 vehicle bearing registration No.HR-19-3183 came from Loharu side. The said vehicle was being driven by its driver in a rash and negligent manner and at a very high speed. The vehicle struck against his younger son Pardeep, aged about 9 years. As a result, Pardeep sustained injuries on his head and died at the spot. Later on, the complainant came to know that name of the driver was Ram Avtar son of Nathu Ram i.e. the present petitioner.