ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of the present petition, petitioner Ishwar Singh has challenged the judgment dated 2.2.2016 passed by learned Sessions Judge, Kaithal, vide which the criminal appeal preferred by him against the judgment of conviction dated 14.10.2014 and order of sentence dated 16.10.2014 passed by learned Additional Chief Judicial Magistrate, Kaithal, was dismissed.

(2.) Learned Magistrate vide judgment dated 14.10.2014 convicted the petitioner for offence punishable under Sections 279 and 304-A IPC and vide separate order dated 16.10.2014, sentenced him as under: <FRM>JUDGEMENT_243_LAWS(P&H)5_2016.html</FRM>

(3.) Briefly stated, prosecution version is that on 23.7.2011, a telephonic message was received at Police Station, Pundri from Police Post, General Hospital, Karnal that Prince son of Salinder, resident of village Sanch had died on account of injuries sustained by him in a roadside accident. On receipt of said information, ASI Jaibir Singh along with other police officials reached General Hospital, Kaithal next morning. He collected the Ruqqa from concerned Police Post and met Salinder son of Prem Singh, resident of village Sanch in front of the dead house. Said Salinder got his statement recorded to the effect that he is an agriculturist and had two daughters and a son, namely, Prince Kumar, aged about 6 years. For the past 2-3 days, Prince was suffering from fever. On 23.7.2011 at about 5.15 PM, he and his cousin Balbir Singh were taking Prince to village Rasina on motorcycle No.HR-05M-9194, Make Hero Honda Splendor, for providing him medicine from the doctor. The motorcycle was being driven by his cousin Balbir Singh whereas he and Prince were the pillion riders. At about 5.30 PM, when they reached on the turning of village Rasina on Sanch road, a truck being driven by its driver in a rash and negligent manner and at a fast speed, came from Karnal side and that too without blowing any horn.