BALWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) JUDGMENT dated 27.10.1994 passed by the learned Additional Sessions Judge, Jind, dismissing the appeal of the accused-petitioner Balwant Singh (hereinafter referred to as 'the petitioner) against the judgment dated 5.6.1993 passed by the learned Chief Judicial Magistrate, Jind, convicting the petitioner under Sections 304-A/279 IPC and sentencing him to undergo rigorous imprisonment for two years and to pay fine of Rs. 100/- under Section 304-A IPC and further to undergo rigorous imprisonment for three months and to pay fine of Rs. 100/- under Section 279 IPC, has been assailed by way of the present revision petition.

(2.) IN nut-shall, the facts of the case as unfolded by the prosecution during trial are that on 10.11.1990, at about 7.00 AM, when Shakti Singh complainant going for his work, he saw Kuldeep Singh son of Nafe Singh was coming on his bicycle. In the meanwhile, the petitioner, while driving bus No. HRV-4629, rashly and negligently, hit the cycle of Kuldeep Singh from behind. As such, Kuldeep Singh sustained grievous injuries and was removed to the hospital where he expired. On the statement Ex.PB of the complainant, FIR was registered at Police Station City, Jind. Investigation commenced. The investigating Officer got photographed the spot; collected the postmortem report; got the bus mechanically examined; recorded the statements of the witnesses; arrested the accused and completion of the investigation was followed by the report under Section 173 Cr.P.C.

(3.) DURING trial, the prosecution examined HC Raghbir Singh (PW1), Shakti Singh complainant (PW2), Nafe Singh (PW3), Dr. Prem Kumar Gupta (PW4) and Raj Kumar (PW5).