BIJENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a revision against the judgment of conviction dated 15.12.2009 and order of sentence dated 17.12.2009, passed by the learned Judicial Magistrate First Class, Faridabad, vide which, the present petitioner was convicted under Section 279, 337, 304-A IPC and sentenced to undergo Rigorous Imprisonment for three months and fine of Rs.500/-, in default thereof, to undergo further Simple Imprisonment for one month under Section 279 IPC. He was also sentenced to undergo Rigorous Imprisonment for three months and fine of Rs.200/-, in default thereof, to undergo further Simple Imprisonment for 15 days under Section 337 IPC and Rigorous Imprisonment for one year and fine of Rs.5000/-, in default thereof, to undergo further Simple Imprisonment for six months under Section 304-A IPC. All the substantive sentences were directed to run concurrently. In appeal, vide judgment dated 25.9.2010, learned Additional Sessions Judge, Faridabad, reduced the sentence under Section 304-A IPC from one year to nine months, while maintaining the remaining sentence.

(2.) The case was registered on the statement (Ex.P1) of Constable Dharambir Singh, who was on traffic duty at Sector 37, Faridabad T point. Constable Dharambir Singh in his complaint stated that he was on traffic duty at Sector 37, Faridabad T point and regulating the traffic. On 29.2.2004, at about 6.30 p.m., he was on duty when he saw that one LML scooter bearing registration number HR-51G-1805 came from Ballabgarh side. From Ballabgarh side, one Haryana Roadways bus bearing registration number HR-46-B-7268 also came at high speed and being driven rashly and negligently, hit the scooter going ahead of it, from backside. As a result of the accident, the scooterist fell down and received injuries. Scooter was badly damaged. He inquired from the scooterist about his name who disclosed his name as SP Gupta, resident of A/94, Ashoka Enclave-11, Faridabad. The bus driver disclosed his name as Bijender Singh son of Bhim Singh, resident of Bidhlan, Police Station Kharkhoda, District Sonepat. Constable Dharambir Singh arranged for the conveyance and removed the injured to Fortis Hospital, Faridabad. Bus driver went away from the spot. Statement of PW1 Constable Dharambir Singh was recorded by ASI Narinder Singh and after recording his endorsement at about 8.00 p.m., formal FIR (Ex.PW3/A) was got registered. ASI Narinder Singh then prepared site plan. The scooter and the bus were taken into possession. Scooter and bus were got mechanically examined on 1.3.2004 and Chuni Lal (PW4) Mechanic submitted report Ex.P4/A and Ex.P5/B. Photographs of the place of occurrence were got clicked. On 5.3.2004, Shri S.P.Guta succumbed to the injuries and doctor accordingly sent the intimation to the police station in this regard. Inquest report was prepared. Postmortem of the dead body was got conducted and after completion of investigation, challan was presented in the Court.

(3.) Accused was charge sheeted under Sections 279, 337 and 304- A IPC vide charge sheet dated 6.7.2004.