MAHENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal revision is directed against the judgment dated July 6, 1995, passed by the Additional Sessions Judge, Sirsa, whereby conviction and sentence of the petitioner for the offences under Ss. 279, 337, 338 and 304-A of the Indian Penal Code, recorded by the Judicial Magistrate, Dabwali, by judgment/order dated 21st and 22nd December, 1992, have been confirmed. The petitioner has been "sentenced to undergo simple imprisonment for 15 days for the offence under S. 279, I.P.C., 3 months' for the offence under S. 337, I.P.C., 6 months' for the offence under S. 338, I.P.C., and one year for the offence under S. 304-A, Indian Penal Code. All the sentences have been ordered to run concurrently.

(2.) The case of the prosecution as can be gathered from the record of the trial Court is that on August 10, 1986, marriage of one Dhara Ram son of the complainant Jaila Singh resident of village Desu Malkana, was to take place. The petitioner was engaged to carry the marriage party in his truck No. HYN-2665 from village Desu Malkana to village Teetu Khera and back. After the marriage, the bridegroom and the bride along with 3/4 other persons left for Desu Malkana by car. The remaining marriage party consisting of 28/30 persons started back in the same truck at about 6.00 p.m. from village Teetu Khera. Jaila Singh the complainant, Manjit Singh (PW 5) were sitting along the side of the driver in his cabin. On the way, the petitioner started driving the truck in a rash and negligent manner which was objected by Jaila Singh and Manjit Singh, and the petitioner was asked to slow down the speed but he did not care. As a result, at about 8 or 8.15 p.m. when the truck reached near village Chakarian, it overturned. The petitioner immediately left the truck and the injured on the spot and slipped away. All the members of the marriage party suffered injuries. They were taken to the Rural Dispensary, Kalanwali, in a passing truck and a jeep. Pyara Singh, the son, and Pado Bai wife of the complainant Jaila Ram, Puran and Ranjha had serious injuries and become unconscious while reaching the hospital and as such they were referred to Civil Hospital, Sirsa. Jaila Singh made a statement Exhibit PA to the police on the basis of which the present case was registered.

(3.) Dr. D. K. Bhardwaj (PW 14) medically examined 19 injured persons and prepared their medico-legal reports. Injured Pyara Ram and Puran were got x-rayed. Dr. R. K. Bishnoi, the Radiologist, (PW 10) prepared their reports Exhibits PW 10/A and PW 10/C on the basis of their x-ray films Exhibits PW 10/B-2, PW 10/D-1/2, respectively. Pyara Ram was found to have a communicated fracture of right lower femoral shaft, whereas Puran Singh was found to have fractured olecranon process right ulna and lower end right humerus. On the next day i.e. 11-8-1996 Pado Bai succumbed to her injuries at about 7.15 p.m. Inquest report was prepared and then post mortem was conducted by Dr. B. D. Grover (PW 12). On the completion of the investigation a charge-sheet was filed against the petitioner for the offences under Ss. 279/336, 337/338 and 304-A, Indian Penal Code.