MEHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Mehar Singh son of Shri Kishan Lal, resident of village Godotha, Tehsil Hodal, District Palwal has filed the present revision petition challenging judgment dated 21.7.2015 passed by learned Additional Sessions Judge, Palwal, vide which the appeal (criminal) preferred by the petitioner against the judgment of conviction and order of sentence dated 13.5.2013 passed by learned Sub-Divisional Judicial Magistrate, Hodal, was dismissed.

(2.) Learned Magistrate vide judgment dated 13.5.2013 convicted the petitioner for offence punishable under Sections 279, 337 and 304-A IPC and vide separate order of even date, sentenced him as under: <FRM>JUDGEMENT_452_LAWS(P&H)2_2016_1.html</FRM>

(3.) Briefly stated, the case of the prosecution is that on 9.3.2006 Sumer Singh son of Ved Ram had telephonically informed to the Police Station Hodal that Rishi son of Vijay Ram after getting injured in a road side accident has expired. On receipt of said information, HC Ram Chander along with Constable Vijay Kumar reached General Hospital, Palwal and recorded the statement of Sumer Singh to the effect that on 8.3.2006 at about 5.45 p.m. he was going to Havana (UP) by riding his motorcycle. Ahead of him, Rishi and Debu were going to village Jalalpur on a separate motorcycle. In the meantime, a motorcycle bearing registration No.UP-85D- 7845 which was being driven by its driver in a high speed and negligently came there and struck against the motorcycle of Rishi from the front side. Due to the impact, Rishi and his friend Debu fell down on the road and received injuries on their head and foot. The driver of offending motorcycle also fell down in the side. On asking, he told his name as Mehar Singh son of Kishan Lal i.e. the present petitioner. Injured Rishi and Debu were got admitted in Diamond Hospital, Palwal, but on seeing serious condition of Rishi, he was referred to Medical Hospital, Delhi on 9.3.2006. However, he succumbed to his injuries on the way.