DARA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Assailed in this petition is the judgment dated 2.3.1993 passed by Additional Sessions Judge, Yamuna Nagar at Jagadhri dismissing the appeal of Dara Singh - accused/petitioner (herein referred as 'petitioner') against the judgment dated 3.3.1992/5.3.1992 passed by Chief Judicial Magistrate, Jagadhri and maintaining the sentence of rigorous imprisonment for three months, each, under Sections 279 and 337 and one year under Section 304-A of the Indian Penal Code.

(2.) BRIEFLY stated, the allegations as unfolded by Jagan Nath son of Krishan Lal - complainant (herein referred as complainant) are that on 1.4.1985 at about 4.00 p.m, when he reached in the area of Vishnu Nagar, then the accused while driving the truck No. HRA-904 in a rash and negligent manner came from the front side without blowing any horn and struck against his bicycle, as a result of which, he fell down. Krishan Lal (PW2) was also present at the spot. The complainant became unconscious and was shifted to the Hospital, where he succumbed to the injuries on 23.4.1995.

(3.) THE case of the prosecution banks upon the testimonies of Sham Lal mechanic (PW1), Krishan Lal (PW2), Buta Ram (PW3), Kalu Ram (PW4), ASI Mam Chand (PW5), Gopal Singh (PW6) and Dr. Ashok Kumar Baveja (PW7).