MAZID Vs. STATE OF HARYANA

JUDGEMENT

(1.) MAZID son of Badal was named as accused in case FIR No. 131 dated 11.04.1988 registed at Police Station Sadar Palwal under Section 279/304-A IPC. It was stated by the complainant Lala Ram that he is resident of village Gudrana and do labour work. On the day of occurrence, he along with Dalip son of Kishan was going towards jungal and at about 7.45 a.m., he saw Narain Singh, who was taking his cattle for drinking water. Meanwhile, Sita Ram and Ram Chand also came. At that moment, offending truck No. DLL-7295 came in a rash and neglignet manner from the side of village Sarai and due to the high speed, driver of the truck lost control and truck hit Narain Singh and Narain Singh came under the front wheel of the driver side of the truck. It is stated that Narain Singh died at the spot instantaneously. It is further stated that buffalo of Narain Singh also received injuries. On the statement of Ex. P-1 of Lala Ram, case was registered. Truck was also taken in possession vide recovery memo Ex.P-2. Lala Ram had appeared as PW-1 whereas other eye witnesses were Dalip PW-3 and Sita Ram PW-4. Rajinder Singh appeared as PW-2, Dr. K.C. Goel as PW-5, Dinesh Kumar, Photographer as PW-6 and Munshi Ram, MHC as PW-7.

(2.) TWO Courts below have relied upon the testimony of PW-1 Lala Ram, PW-3 Dalip and PW-4 Sita Ram and held that even if there are little variations, testimony is trustworthy and aspire confidence.

(3.) TAKING into account protracted trial, antecedents of the accused and the fact that he has undergone about 15 days after his conviction, no useful purpose will be served by sending him behind the bars. However, family of the deceased can be compensated. Therefore, sentence of the petitioner is reduced to already undergone. However, sentence of fine is enhanced to Rs. 35000/- and the same be disburded to the legal heirs of the deceased. The sentence of fine shall be deposited with trial Court within three months from today. Non deposit of fine by the petitioner shall render the present revision petition as dismissed. Petition dismissed.