SANT SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS petition has been filed by Sant Singh impugning the judgment and order dated 04.12.1997 passed by learned Judicial Magistrate First Class, Kurukshetra whereby the petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 304A IPC and to undergo rigorous imprisonment for six months for the offences punishable under Sections 279/337 IPC. Challenge is also laid to judgment dated 03.03.2003 rendered by learned Additional Sessions Judge, Kurukshetra upholding the abovesaid conviction and sentence imposed upon the petitioner by the learned trial court.

(2.) FIR No. 110 dated 12.06.1989 was registered against the petitioner (driver of the offending bus) and one Yudh Kulbhushan (Conductor of the offending bus) son of Daulat Ram on the statement of Smt. Savitri Devi. She has stated that she is a labourer and on 12.06.1989, she alongwith her son Ramesh had left their home for village Samaspur at about 9.00 a.m. to get some medicines. Both of them reached Ladwa bus stand at about 11.00 a.m. where she asked a passenger who was sitting in bus No. HYC -4671 about the destination of that bus. In the meanwhile, her son tried to board the said bus but the bus started suddenly and pushed off in a rash and negligent manner. Her son fell down on the ground and the rear wheel of the bus ran over his son, who died on the spot. She also fell on the ground and the rear wheel of the bus crossed over her right foot. The bus was driven by petitioner -Sant Singh and the conductor was Yudh Kulbhushan. It was averred that the accident took place due to the rash and negligent act of the bus driver and the conductor.

(3.) SMT . Savitri Devi, complainant was examined by P.W. 1 Dr. A.K. Garg. Two injuries were detected on the person of Smt. Savitri i.e., a contusion of 6 cm x 4 cm on lateral malleolus of the right leg as well as swelling on right foot. Abrasion of 2 cm x 1 cm on medial malleus of right foot. A fracture was revealed after x -ray of injury No. 1.