TARSEM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED-PETITIONER Tarsem singh (hereinafter referred to as 'the petitioner') was convicted under sections 279/337/304-A, IPC and sentenced to undergo rigorous imprisonment for six months under Section 279/337, IPC and also to undergo rigorous imprisonment for one year under Section 304-A, IPC, by the Court of judicial Magistrate 1st Class, Karnal, vide its order dated 14-2-1997 and his appeal was dismissed by the learned Additional sessions Judge, Karnal, vide its order dated 14-7-1998.

(2.) THE facts in brief are that on 2-5-1999, at about 9. 00 a. m. complainant Vikram singh while driving his tractor, trolly bearing No. HYM-5651 was going to Nelokheri grain Market. When his tractor reached near village Ariepur, then some persons sat on his tractor and two persons sat along his side and his father Sardul Singh was sitting in the trolly. When his tractor trolly reached near turning point of the bus stand nelokheri, then the petitioner while driving his bus bearing registration No. DEP-9640, rashly and negligently struck into the tractor when he was turning the same towards mandi, as a result of which his father Sardul singh fell down and the rear tyre of the bus ran over him. Due to the impact of the accident, the tractor was detached from the trolly and was dragged by the bus for some distance. The other passengers sitting in the tractor-trolly also sustained injuries. It was further disclosed by the complainant in his statement that Gurmukh Singh son of joginder Singh and Sukhvinder Singh son of Gurbax Singh residents of village Sher Pur and Kalai respectively, witnessed the occurrence. On the aforesaid statement of the complainant, a case was registered against the petitioner, which was followed by the investigation. Consequently, completion of the investigation was followed by a report under Section 173, Cr. P. C. against the petitioner.

(3.) CHARGE under Section 279/337/304-A, ipc was framed against the petitioner, to which he pleaded not guilty and claimed trial.