OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition has been preferred against the judgment dtd. 22/8/2012 passed by learned Sessions Judge, Fatehabad, vide which, judgment of conviction and order on quantum of sentence dtd. 09/10/12/2009 passed by learned Additional Chief Judicial Magistrate, Fatehabad in case bearing FIR No.490 dtd. 22/9/2002 registered under Ss. 279/337/304-A IPC at Police Station City Fatehabad have been upheld.

(2.) The petitioner was sentenced as under:

(3.) Brief facts of the case are that the FIR (supra) was registered on the statement made by complainant Bhagi Ram that on 22/9/2002 at about 11:15 AM, he was going to Bhuna Road, when he reached near Bhartiya Service Station, Bhuna Road, Mohinder Singh son of Chatter Singh alongwith Jagsir Singh son of Har Gobind came on a motor cycle, who after having seen the complainant stopped motor cycle and started talking after having brought the motor cycle on one side. In the meantime, a truck bearing no.HR22/9125 driven rashly and negligently came from the side of Bhuna and dashed against the motor cycle without blowing any horn, as a result of which all the three i.e complainant, Mohinder and Jagsir fell on the road, whereas motor cycle was over ran by the Truck and Jagsir also got over run by the rear tyre of the Truck. He succumbed to the injuries at the spot, whereas complainant and Mohinder Singh received injuries upon their persons.