LAWS(P&H)-2016-11-34

BALDEV SINGH Vs. STATE OF HARYANA

Decided On November 11, 2016
BALDEV SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner was tried for committing offences punishable under Sections 279, 338 and 304-A Penal Code. Vide judgment and order dated 30/31.1.2007, learned Judicial Magistrate 1st Class, Karnal convicted him for the aforementioned offences and sentenced him to undergo imprisonment and to pay fine as follows:-

(2.) Aggrieved of his conviction and sentence, the petitioner preferred an appeal. Vide judgment dated 7.3.2008, learned Sessions Judge, Karnal found no merit in the appeal and, accordingly, dismissed the same. Still not satisfied, he filed the present revision, which was admitted on 20.8.2008. Subsequently, vide order dated 12.11.2008, this Court suspended his sentence of imprisonment as well.

(3.) The case of the prosecution, in nutshell, is that on 28.4.1996 at 3.00 p.m. complainant Jai Pal, who used to ply a three-wheeler, started from village Kutail for Karnal while driving his three-wheeler in which ten passengers were travelling. At about 3.30 p.m., when he reached G.T. Road and was to go to Karnal, he took his three-wheeler through a gap in the median for proceeding towards Karnal. In the meantime, one bus of Punjab Roadways bearing registration No. PB-012-8604 came from the side of Karnal. The bus was being driven by its driver at a high speed and in a rash and negligent manner. It struck against the three-wheeler being driven by complainant Jai Pal. As a result, the passengers sitting in the three-wheeler sustained injuries. Out of them, Pirthi, Balbir Singh, Surinder Kumar and Smt. Sunita succumbed to the injuries.