RAM CHANDER Vs. MAHESH KUMAR AND ANOTHER

JUDGEMENT

(1.) Feeling aggrieved against the impugned judgment dated 6.6.2014 passed by learned Additional Sessions Judge, Bhiwani, whereby appeal of the petitioner-complainant was dismissed, upholding the impugned judgment of acquittal dated 11.2.2012 passed by learned Judicial Magistrate 1st Class, Charkhi Dadri, complainant-petitioner has approached this Court, by way of instant criminal revision petition, for setting aside the impugned judgments.

(2.) Brief facts of the case, as recorded by learned Additional Sessions Judge, in para 2 of his impugned judgment, are that the present case was registered on the complaint of Ram Chander son of Jagdish on the allegations that he is resident of Bond Kalan and is an agriculturist by profession. On dated 25.2.2010 he along with his brother Vinod had gone to Sanjarwas Gas Agency for taking gas cylinder. After taking the gas cylinder, his brother was standing in front of gas agency and waiting for vehicle. At about 11.30 a.m. one tractor of gray colour 485 Eicher came from the side of Sanjarwas being driven by its driver in a rash and negligent manner and at high speed and directly struck it into his brother Vinod, as a result of which, he fell down and also fell unconscious. The complainant also fell unconscious. Thereafter, he came to know that his brother had succumbed to the injuries sustained by him in the accident. The accident was caused due to rash and negligent driving of tractor driver, who was driving the tractor in a rash and negligent manner and at high speed. Request was made to take action against the accused.

(3.) On the basis of abovesaid complaint, case was registered against the accused. Investigation was set into motion. Statements of the witnesses were recorded. Accused was arrested and after completion of all usual formalities of necessary investigation, challan under Section 173 Cr.P.C was presented in the Court for trial. Requirement of Section 207 Cr.P.C. was complied with.