KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 5.9.2012 passed by learned Additional Sessions Judge, Sirsa vide which the judgment dated 11.1.2010 passed by learned Judicial Magistrate Ist Class, Sirsa for offences under Sections 279 and 304-A and order dated 12.1.2010 sentencing him for those offences were upheld, whereas the appeal filed by accused-convict was dismissed.

(2.) The accused-convict Krishan, who is petitioner before this Court prays that the revision be accepted, the impugned judgment of his conviction and order of sentence by Judicial Magistrate Ist Class, Sirsa and judgment in appeal by learned Additional Sessions Judge, Sirsa be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the facts of the case as per prosecution story are that on 20.1.2004 when HC Des Raj along with other police officials from Police Station Rania was present near bus stop of village Bani then Som Nath and Tarsem sons of Shiv Dayal went there and informed him regarding happening of a road side accident; that HC Des Raj recorded statement of complainant Som Nath wherein he stated that on the said day i.e. 20.1.2004 at 12:45 p.m. while he was sitting in his kiryana shop, he observed a tractor trolley being driven in a rash and negligent manner coming from the side of Bacher road and when it reached near house of Hira Ram then it hit a child, who was coming from the side of Gurudwara. According to the complainant, he rushed to the spot and found that the child, who had been hit by the tractor trolley was in fact his nephew, namely, Bhola Ram, aged about 5 years; that the complainant informed father of the child, namely, Tarsem Lal, who is his brother and other family members; that a vehicle was arranged and injured Bhola Ram while being taken to Government Hospital, Sirsa succumbed to the injuries suffered by him on the way; that dead body of the child was brought back to the house; that driver of the tractor No.HNB-1055 make Ford of blue colour had ran away from the spot leaving the tractor trolley behind. In that very statement, the complainant stated that one Mohan Lal son of Kashmiri Lal had also witnessed the incident. Such statement of the complainant was recorded and a ruqa was sent to the Police Station Rania, which formed basis for registration of the FIR. The matter was investigated. Post mortem examination was got performed on the dead body of Bhola Ram. Accused was formally arrested in this case.