LABH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Perusal of file shows that after listing this case for motion hearing, the same has been taken on board for seven times. Out of which, on four occasions none appeared on behalf of the petitioner and on rest of the dates, adjournment was sought. In order dated 06.12.2017, it was observed by a Co-ordinate Bench of this Court that in case arguments are not addressed on behalf of the petitioner on the next date, in that eventuality, this petition shall be disposed of after perusing the record.

(2.) Pursuant to the aforesaid order, this revision is being disposed of after perusing the record.

(3.) Briefly, in the morning of 15.08.1997, petitioner Labh Singh while driving Tata-407 bearing registration No.HR-32-0730 in a rash and negligent manner and also in high speed struck against scooter of Rajpal bearing registration No.HR-08A-7752. As a result thereof, Rajpal fell down on the road and succumbed to his injuries on the spot. The matter was reported to the police by complainant Mohan Lal, who had witnessed the accident. The police after thorough investigation, found the petitioner guilty for causing accident in question. Therefore, it filed final report under Section 173 Cr.P.C. against him. The trial Court, after holding trial, found the petitioner guilty under Sections 279 and 304-A IPC vide judgment of conviction dated 11.08.2006 and sentenced him to undergo rigorous imprisonment for two years and pay fine of Rs. 3,000/- for commission of offence under Section 304-A IPC. In default thereof, undergo simple imprisonment for six months. To undergo rigorous imprisonment for four months and pay fine of Rs. 500/- for commission of offence under Section 279 IPC. In default thereof, undergo simple imprisonment for three months, vide order of sentence dated 12.08.2006.