MANOJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant criminal revision petition is directed against the impugned judgment dated 15.01.2015 passed by learned Sessions Judge, Faridabad whereby appeal of the petitioner was dismissed and impugned judgment of conviction dated 20.12.2013 as well as order of sentence dated 21.12.2013, passed by the learned Judicial Magistrate Ist Class, Faridabad, were upheld.

(2.) Brief facts of the case, as noticed by the learned Sessions Judge in paras 2 and 3 of the impugned judgment are that the case of the prosecution emanating from the trial Court record is that on 05.06.2010 after receipt of information regarding the death of Hema daughter of Madan Kumar resident of Jawahar Colony from B.K.Hospital, Faridabad, SI Tej Ram of Police Station Saran rushed to the hospital where complainant Nand Kishore met him and got recorded his statement alleging therein that he was resident of Jawahar Colony, Faridabad and was employed in Thomson Press Faridabad. As usual at about 4.00 p.m. to join his duty he had stepped out of his house and found that his niece Hema, aged about 2/21/2 years daughter of Madan Kumar was playing in the street in front of his house. In the meanwhile his neighbour Manoj Kumar resident of Jawahar Colony, NIT, Faridabad while driving the vehicle Innova bearing registration No. HR-55 HT1889 in a rash and negligent manner, struck against said Hema and due to impact of the same, she sustained multiple and serious injuries. Immediately after lifting her, he had taken her to B.K.Hospital, Faridabad and after sometime of admission in the hospital she succumbed to the injuries. He also alleged that the said occurrence was witnessed by his wife Reetu and Gurmeet Kaur wife of his brother Madan Kumar and other persons had also gathered at the spot and also asked for initiation of legal action against the accused.

(3.) On the basis of the aforesaid statement the case was registered. During investigation the accused was arrested and was subsequently released on bail. Site plan qua the place of occurrence was prepared and statements of the witnesses under Section 161 of the Code of Criminal Procedure were recorded. The offending vehicle was got mechanically examined and on completion of investigation report under Section 173 Cr.P.C. was submitted against the accused.