RAMESH Vs. STATE OF HRYANA

JUDGEMENT

(1.) The petitioner has preferred this revision petition against judgment dated 2-7-1993 of the Additional Sessions Judge, Hisar dismissing his appeal against judgment dated 23-7-1992 passed by the Judicial Magistrate 1st Class, Siwani vide which he was convicted and sentenced to undergo rigorous imprisonment for three months under Section 279 of the IPC and for two years and to pay fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for two months, under Section 304-A of the IPC.

(2.) On 17-3-1990, the petitioner is alleged to have struck his truck bearing registration No. Hyd-3231 against a scooter carrying two persons, namely, Raj Kumar and Rama Nand killing them in the process. The occurrence is said to have taken place at 2.30 p.m. on Rajgarh Siwani road in the district of Hisar. Allegedly, the incident was witnessed by one Raj Kumar son of Hardwari Lal, resident of village Dhandhala, who incidentally was at the spot after coming back from the fields of Phula Ram where he had gone to fetch drinking water. According to him he had come back after quenching his thirst and was accompanied by Phula Ram when he saw Raj Kumar son of Basti Ram coming on a scooter from the side of Siwani with Rama Nand on the pillion. The truck in question came from the side of Rajgarh being driven rashly and negligently and by coming on its wrong side, struck the scooter and dragged the same to some distance. Raj Kumar and Rama Nand were seriously injured and died at the spot. The driver made good his escape from the scene leaving the truck. After leaving Phula Ram at the spot, he started for police station and came across Same Ram, ASI at Tosham, who recorded his statement on the basis of which, a formal FIR was recorded.

(3.) The petitioner was arrested on 20-3-1990 and he is said to have produced registration certificate of the truck and his driving licence before the ASI, who was the Investigating Officer from the truck itself, which were taken into possession vide a recovery memo. The mechanical examination of the truck was got conducted and the spot was photographed. A rough site plan of the place of occurrence was also got prepared and the statements of the witnesses were recorded.