MATU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) IT is another bizarre incident where the innocent men and children were caught by surprise when the accused-petitioner Manu Ram (hereinafter referred to as 'the accused') ran over his bus bearing registration No. HYA-9404 rendering three persons dead and five injured and also destroying the property owned by Megh Raj and tulsi Ram witnesses, as a result of which he along with one Abhey Ram was tried. Ultimately, both the accused were convicted vide judgment dated 17/18-5-1993 passed by the Judicial Magistrate Ist Class, Safidon and sentenced as under :-Matu Ram : To undergo rigorous imprisonment u/s. 304-A, IPC : for two years and six months and to pay fine of Rs. 3,000/ -. u/s. " 279, IPC : To undergo rigorous imprisonment for three months. u/s. 337, IPC : To undergo rigorous imprisonment for six months. u/s. 427, IPC : To undergo rigorous imprisonment for one year.

(2.) ACCUSED Abhey Singh was also awarded the similar sentence with the aid of Section 109, I. P. C. However, he was acquitted by the learned Appellate Court vide its judgment dated 22-1-1994, whereas conviction and sentence against the petitioner matu Ram was ordered to be maintained.

(3.) ON 11-9-1985 at about 6. 30 p. m. , when Megh Raj was present in front of his house, the complainant Ram Kumar came there and they were talking. Some people were sitting on the cot on the extreme left side of the road and smoking from Hukka and some children were also playing nearby. The accused while driving his bus bearing registration No. HYA-9404, rashly and negligently, brought his bus off the road and struck against the cot, as a result of which puran Chand died at the spot, whereas, Tulsi ram and Kaidara Ram succumbed to their injuries in the hospital. Siri Kishan, subhash, Bhira, Renu and Sushila also suffered injuries. On the aforesaid statement ex. PA made by Ram Kumar, FIR Ex. PA/1 was recorded under Sections 279/304-A, I. P. C. The case was investigated and report under Section 173, Cr. P. C. was presented in the Court.