RAM PARTAP Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a Crl. Revision filed by petitioner (Ram Partap) against the order of Additional Sessions Judge, Gurgaon, dated 3.8.1998 whereby he has convicted and sentenced him (Ram Partap) to undergo R.I. for one year under Section 304-A Indian Penal Code and fine of Rs. 500/- each under Section 337/279 Indian Penal Code, in default to undergo further R.I. for one month each thereby maintaining the conviction and sentence passed upon him by the learned Additional Chief Judicial Magistrate, Gurgaon vide order dated 18-21.7.1997 in case FIR 459 dated 18.6.1989 under Section 279/337/338/427/304-A Indian Penal Code of PS Sadar, Gurgaon.

(2.) THE prosecution case briefly stated is that on 18.6.1989, Ram Kishan son of Shiv Lal resident of village Janaula PS Pataudi was going to village Janaula from Gurgaon along with one Chhattar Singh son of Udhmi Ram on Scooter No. DEN 4005. He was driving that scooter while Chhattar Singh was on its pillion. At about 1.30 p.m. when they reached near village Garauli, Maruti van bearing No. DDV 3019 came from Pataudi side being driven rashly and negligently by accused (Ram Partap). It dashed against scooter. As a result of the impact, Ram Kishan and Chhattar Singh fell and suffered injuries. After Maruti van had dashed against scooter, it struck against a tree. Occupants of Maruti van also suffered injuries. Injured were taken to the hospital. Chhattar Singh succumbed to his injuries. Accident was caused due to the rash and negligent driving of Maruti van by its driver. Ram Kishan reported the matter to the police, on the basis of which, case FIR No. 459 was registered at PS Sadar, Gurgaon on 18.6.1989. Accused was charged under Section 279/337/304-A Indian Penal Code. He pleaded not guilty to the charge and claimed trial. On the conclusion of the trial, Additional Chief Judicial Magistrate, Gurgaon found the charge proved against the accused and accordingly convicted and sentenced him under section 279, 337, 304-A Indian Penal Code, as indicated above vide order dated 18/21.7.1997. Aggrieved from the order convicting and sentencing him dated 18/21.7.1997 passed by Additional Chief Judicial Magistrate, Gurgaon, Ram Partap went in appeal to the Court of Session where he met the same fate. Feeling that he has been unjustly convicted and sentenced by the two courts below, Ram Partap has knocked the door of this Court under Section 401 Cr.P.C. through this revision.

(3.) RAM Kishan PW1 stated that on 18.6.1989 at about 1.30 p.m., he along with his brother Chhattar Singh was going on scooter No. 4005 to his village. When they reached near village Garauli, Maruti van bearing No. DDV 3019 came being driven rashly, negligently and at a speed of 100 kilomters per hour. He took his scooter on the kacha berm of the road towards the left side. Still, Maruti van hit their scooter. After Maruti van had hit their scooter, Maruti van struck against a tree. Maruti van was driven by Ram Partap. Injured were taken to the hospital where his brother Chhattar Singh died. Hari Singh PW2 stated that 2 years ago he and Sube Singh had gone to village Garauli for purchasing a buffalo. It was month of "jeth". It was about 2 p.m. Ram Kumar who was peon in the school met them and they were discussing, regarding the purchase of buffalo. One Maruti van of white colour came from Pataudi side being driven in a rash and negligent manner. Said van hit scooter being driven by Ram Kishan. Chhattar Singh was on the pillion of the scooter. As a result, Ram Kishan and Chhattar Singh suffered injuries. Chhattar Singh died. Ram Partap, the driver of the Maruti van also suffered injuries. Ram Kumar corroborated the version of Hari Singh. Dr. B.B. Aggarwal, medically examined Ram Partap and Ram Kishan. He noted the injuries found by him in their respective medico-legal reports. Dr. Sushil Kumar Goel performed post-mortem examination on the dead body of Chhattar Singh. ASI Sukhdev Singh investigated the case. He prepared site plan Ex. PW9/A at the spot. He got the scooter and the Maruti van mechanically tested. Learned counsel for the petitioner submitted that Ram Kishan is not an independent witness. He is the brother of the deceased. Hari Singh and Ram Kumar are the chance witnesses. They are said to be by-standers. Hari Singh PW2 admitted that Ram Kishan and Chhattar Singh are residents of his village and he is their nephew. Suffice it to say, Hari Singh and Ram Kumar have given quite a cogent explanation as to why they happened to be at the spot. Hari Singh is not their real nephew.