RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present revision petition against the impugned judgment dtd. 31/5/2007 passed by the Court of Sessions Judge, Rewari and the judgment of conviction dtd. 10/2/2004 and order of sentence dtd. 16/2/2004 passed by the Court of Chief Judicial Magistrate, Rewari, whereby, the petitioner was convicted for the commission of offences punishable under Ss. 279 and 304 A of IPC and was sentenced as under:-

(2.) The brief facts of the case are that the FIR in the present case was registered on the basis of the statement made by Daya Ram, complainant, who was resident of village Khandora. He was working in Public Health Department Mohanpur. On 27/12/1998, at about 12.00 p.m., he was present in the Panchayat land by the side of the road about 150 yards towards Rewari from the water supply scheme. In the meanwhile, a Kinetic Honda scooter bearing registration No. HR-36-B/8290 followed them. The truck was driven at a very high speed and in a rash and negligent manner. It had hit the scooter at its back. The person sitting on the pillion of the scooter fell away while the scooter driver came under the truck. The truck was stopped at a distance of 40 yards. Daya Ram went to the scooter driver and found him to have breathed his last. The person traveling on the pillion of the scooter went away to inform the family members of the deceased. The driver of the truck, whose name was found to be Rajesh, had abandoned his truck at the spot and succeeded in running away. Daya Ram made a statement regarding the accident to Kanwar Singh, Head Constable, who was present in village Mohanpur. Kanwar Singh, HC made his endorsement on the statement of Daya Ram and had sent the same to police Station Bawal, where the case was registered for an offence punishable under Ss. 279, 304-A IPC. Kanwar Singh, Head Constable then went to the spot and inspected the same and got the same photographed. He had prepared rough site plan of the same. He had thereafter conducted the inquest proceedings on the death of Ghanshyam Dass. He had sent the dead body for post-mortem examination. He had recorded the statements of the various witnesses. The petitioner was arrested on 29/12/1998. The truck, that was recovered from the spot, was got mechanically examined. He had obtained the photographs from the photographer on 14/2/1999 and recorded his statement. The scooter was also taken into possession. He also took into possession the driving licence of Rajesh, petitioner and registration certificate of the truck in question. On completion of the investigation, challan against the petitioner was prepared by Prem Singh, SI/SHO.

(3.) After presentation of the challan, the trial Court found that a prima facie case under Ss. 279, 304-A IPC was made out against the petitioner and he was charge-sheeted, accordingly. However, he stated that he was innocent and was falsely involved and claimed to be tried by the trial Court.