BALWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present revision petition against the judgment dated 03.03.2015 passed by learned Sessions Judge, Fatehabad whereby his appeal against the judgment of conviction dated 01.08.2013 and order of sentence dated 02.08.2013 passed by learned Additional Chief Judicial Magistrate, Fatehabad, was dismissed.

(2.) Briefly stated, FIR No.141 dated 24.04.2009 under Sections 279, 336, 337 and 338 IPC was registered against the petitioner-accused at Police Station Sadar Fatehabad on the allegations that on 18.04.2009, complainant Sushil along with Sonu, Sunny, Shanker, Lala, Kuldeep, Ajay and Naresh were travelling by Scorpio vehicle bearing registration No.HR-39A-3845 being driven by the petitioner. At about 10.30 A.M., when they reached near Dariyapur Bus Stand, the petitioner, who was in an inebriated condition, did not slow down the speed of the vehicle despite their request and hit a Maruti car coming from the opposite side. Thereafter, the petitioner hit a canter and lost the balance. The scorpio vehicle took 2-3 turns and the petitioner jumped out of the window of the vehicle. Complainant Sushil, Sonu, Naresh and Ajay got injuries in the accident.

(3.) The investigation was conducted by the police. The petitioneraccused was arrested and produced in the Court. Statements of witnesses were recorded and after completion of investigation, Challan was filed in the Court.