VINOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision challenges the findings recorded by the Courts below as the petitioner has been tried and convicted for causing the death of Sher Singh in FIR No.273 dated 28.07.2007, registered under Sections 279 & 304-A IPC, Police Station City Palwal.

(2.) The factual matrix required to be exposited, On 28.07.2007 at about 10:00/10:30 A.M, Dharampal was proceeding from Palwal to village Puthli on his motorcycle. On the way, Sher Singh asked for the lift and sat on the motorcycle. They were half a kilometer away from Palwal when a Mahindra Tractor driven by Vinod came in a rash and negligent manner. The driver lost control and the tractor hit the motorcycle. The tractor did not have any registration number as it was a new tractor. Dharampal fell on the kacha side while the pillion rider Sher Singh sustained multiple injuries. The matter was reported to the police the same afternoon. Subsequently, the driver was arrested.

(3.) On completion of investigation, challan was presented. Charge was framed. The prosecution examined five witnesses including the author of the FIR. The trial Court found the charges proved and sentenced the petitioner to undergo rigorous imprisonment for a period of six months for commission of offence under Section 279 IPC. Petitioner was further sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs.500/- for commission of offence under Section 304-A IPC. Both the sentences were to run concurrently.