RAM KHILADI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ram Khiladi has filed this revision petition challenging judgment dtd. 10/1/2011, passed by learned Sessions Judge, Faridabad whereby his appeal against judgment dtd. 9/4/2010 passed by the Court of JMIC, Faridabad challenging his conviction under Ss. 279, 337 and 304-A of IPC has been dismissed.

(2.) The case of prosecution, based on statement of complainant Vinod Kumar, in nut-shell, is that on 9/3/2001 his elder brother Sushil Kumar along with his son Rajesh Kumar and maternal grandson namely Ashu went to market to make purchases on a scooter. His nephew Rajesh Kumar was driving the scooter on which his brother Sushil Kumar was sitting on the pillion seat. They were following the complainant who was on his scooter. At about 10.30 AM when they reached near the turning of colony then a four wheeler bearing Registration No.RJ-02S-3382 came from behind at a high speed, which was being driven rashly and hit the scooter of his brother on its rear side, upon which his brother's son and maternal grandson fell off the scooter. The complainant rushed near them and raised alarm and several persons were attracted there and took them out from under the truck and took them to Escort Medical Centre, Faridabad where his brother Sushil Kumar succumbed to his injuries. He further stated therein that he could identify the driver of four wheeler. He also stated that the Driver after leaving the truck ran away from the spot.

(3.) The hospital authorities sent information to the police and in pursuance thereof, aforesaid statement of complainant PW-8 Vinod Kumar was recorded leading to registration of FIR. The requisite investigation was conducted by the police. The accused was arrested on 21/3/2001.