NIRMAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal revision is directed against the order dated December 1, 1986 passed by the Sessions Judge, Sonepat, whereby conviction of the petitioner under section 304-A, Indian Penal Code, recorded by the Judicial Magistrate I Class, Sonepat, vide his judgment dated September 5, 1986, has been maintained but the sentence imposed by the trial Court has been reduced from one year's rigorous imprisonment to nine months and to pay a fine of Rs. 200/-, or in default of payment of fine to undergo further rigorous imprisonment for one month.

(2.) ON August 27, 1981 Constable Jai Singh (PW-1) was on traffic duty at the Sports School, Traffic Point, known as 20th Mile, on G.T. Road. At about 5.30 p.m. one car bearing Number PUY-7922, which was being driven by one Ranjit Kumar, resident of Jalandhar City, was coming from the side of Delhi at the normal speed. All of a sudden Prem Raj, aged about 65/70 years came in front of the car while crossing the road. Ranjit Kumar applied brakes and the car was stopped but Prem Raj fell down on the side of the road ahead of the car on account of his leg being entangled in his dhoti. At that time a truck bearing Number PUC-8871 being driven by the petitioner came from Panipat side at a fast speed and in a negligent manner. Prem Raj was run over by the truck and died on the spot. The petitioner sped away his truck but was chased by Constable Jai Singh in the aforesaid car and was successful in overpowering the truck on the next barrier. He took the truck along with the petitioner to the Police Station, and made a statement on the basis of which FIR of this case was recorded. The incident is alleged to have been witnessed by one Mahabir Singh Sarpanch of village Libaspur. After getting the vehicle mechanically inspected, a charge-sheet was filed against the petitioner.

(3.) I have heard the learned counsel for the petitioner and the learned counsel for the State. They have taken me through the trial Court's record also.