LILU RAM ALIAS ROHTASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a revision petition filed by Lilu Ram alias Rohtash against the judgment dated 6.7.1992 of the learned Additional Sessions Judge, Hisar, whereby he convicted him under Section 279/337/304-A IPC and sentenced to undergo two years R.I. under Section 304-A and to pay a fine of Rs. 3500/-, in default to undergo R.I. for one year, whereas he admonished him under Section 279/337 IPC.

(2.) The case of the prosecution is that complainant Ram Chander who was employed as a part time cook at police post Bass, police station Narnaund, stated, that on 3.7.1988 at about 7.00 p.m. he along with one Parkash was present at bus stand Bass, at the tea stall of Telu Ram. Truck Criminal Revision No.438 of 1992 -2- No. HRF-6908 driven by the petitioner/accused was coming from the side of village Mundal. There were about 75/76 members of a marriage party in the truck. The truck was being driven rashly and negligently. There was a big crowd at bus stand Bass. The petitioner suddenly applied the brakes of the truck, as a result of which it went towards the kutcha path and fell in a ditch. Ram Chander, Parkash and Telu Ram rushed to the spot and with the help of some other persons tried to rescue the injured. Due to the accident, Daria, Dharambir, Savita, Sudesh and Richpal son of Fakiria died at the spot, while Ramdhari, Ran Singh, Richpal son of Mansa Ram, Baru, Vijender, Maldev, Chandgi and Om Parkash etc., were injured.

(3.) The prosecution to prove its case brought into the witness box Ram Chander-complainant as PW1, Mange Ram as PW2, Mahabir as PW3, Ram Phal as PW4, Hargian as PW5, Nathu Ram as PW6,Chandgi as PW7, Ram Singh as PW8, Richpal as PW9, Parkash as PW10, Sewa Singh as PW11, Ram Dhari as PW12 and Jaibir as PW13. Learned counsel for the petitioner has argued, that except for complainant Ram Chander, all the eye witnesses and the injured witnesses have not supported the case of the prosecution. Merely the truck being driven at a fast speed does not mean that it is being driven in a negligent manner.