LAL BABU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present criminal revision petition is directed against the impugned judgment dated 29.9.2014 passed by the learned Additional Sessions Judge, Faridabad, whereby judgment of conviction dated 11.6.2012 and order of sentence dated 13.6.2012 passed by the learned Additional Chief Judicial Magistrate, Faridabad, were upheld, dismissing the appeal of the petitioner.

(2.) Brief facts of the case, as noticed by the learned Additional Sessions Judge in para 2 of his impugned judgment, are that present case was registered on the basis of statement Ex.PW1/A given to the police by Parveen son of Mange Ram, resident of village Palla (Faridabad) with the allegations that on 14.07.2006, at about 3 p.m., he was standing in front of his house, while his niece Khushi, aged about 2 years was playing in front of the house. In the meantime, one water tanker bearing registration No.HR-38G-5642 came from the side of village Tilpat at a fast speed and in a rash and negligent manner and he brought the tanker towards their house and crushed Khushi, who fell down and tyre crossed over her legs and feet. She also suffered inner injuries between her both legs and stomach and she started bleeding from her vagina. He as well as his uncle Gajraj stopped the tanker and overpowered driver, who disclosed his name as Lal Babu son of Sukhdev, caste Mangla, resident of village Machurapur, Distt. Sitamadi (Bihar). He further disclosed that driver had been handed over to the police, while making statement and injured had been taken to B.K.Hospital, Faridabad by her father and he sought action against accused. On the basis of this statement, formal FIR Ex.PW7/A was registered. Rough site plan of the place of accident Ex.PW1/B was prepared. The offending tanker was taken into possession vide recovery memo Ex.PW7/C alongwith its documents and driving license of the driver vide memo Ex.PW8/B. Medico legal report of the injured was also obtained, but she died on the same day and post mortem of the dead body was also got conducted at B.K.Hospital, Faridabad. Statements of witnesses were recorded.

(3.) The police report under Section 173 Cr.P.C. having been presented to the court, copy thereof along with documents attached therewith was supplied to the accused, as envisaged under Section 207 Cr. P.C.