SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition raises a challenge to the judgement dtd. 7/8/2025 passed by the Additional Sessions Judge, Hisar as well as to the judgement and order dtd. 12/2/2020 passed by the Judicial Magistrate 1st Class, Hisar in case bearing FIR No. 258 dtd. 18/11/2016 registered under Ss. 279, 337, 304-A, 427 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Ss. 181, 192 of the Motor Vehicles Act, 1988 registered at Police Station Adampur, District Hisar whereby the petitioner was convicted for the commission of the aforesaid offences and was sentenced as under: <IMG>JUDGEMENT_105_LAWS(P&H)10_2025_1.jpg</IMG>

(2.) Briefly stated, the case of the prosecution and the sequence of events leading to the filing of the present petition are that on 17/11/2016, the Police Control Room, Hisar, received information regarding the admission of one Balbir, son of Munshi Ram, to AMC Hospital, Hisar, on account of injuries sustained in a roadside accident. On the following day, i.e., 18/11/2016, Sub-Inspector Phool Kumar visited AMC Hospital and collected the Medico-Legal Report (MLR) and rukka from the attending doctor, who declared the injured unfit to make a statement.

(3.) At the hospital, Satish, son of the injured Balbir, recorded his statement, stating that his father earned his livelihood by operating a pushcart (rehri) at Kabrel bus stand, where Satish used to assist him after school hours. On 17/11/2016, around 7:30 P.M., Balbir had gone near the shop (khokha) of Vikas, son of Satbir, to relieve himself, while Satish remained at the pushcart. In the meantime, a vehicle bearing registration number HR 44 E 0207, driven rashly and negligently from the direction of Dobhi, struck Balbir, causing him multiple grievous injuries. The said vehicle further rammed into Vikas's khokha. Satish and Vikas rushed to the spot, but the driver fled, abandoning the vehicle. Later, Satish came to know that the driver was Sanjay, son of Phool Singh. It was alleged that Sanjay, by his rash and negligent driving, caused injuries to Balbir and damage to Vikas's khokha. Satish accordingly sought legal action.