RAM PHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PROSECUTION case in brief is that on 14.9.1991, Chanda Singh, Junior Engineer with the Haryana State Electricity Board at Narwana was going to Narwana City from 220 KV Sub Station, Narwana at about 12.15 PM on scooter. When he reached near the godwon of Indane Gas Agency, Narwana, four-wheeler No. HR-29/3784 being driven rashly and negligently came from Narwana side. Chanda Singh apprehending collision between his scooter and the said four-wheeler tried to save himself but before he could save himself, four-wheeler collided with his scooter. As a result of the impact scooter was damaged and he received injuries. Partap Singh son of Pirthi Singh, resident of village Kheri Masani reached the spot. He witnessed the mishap. He took him to General Hospital for medical aid. It may be mentioned here that Chanda Singh also belonged to village Kheri Masani. Chanda Singh made statement to the police, on the basis of which case FIR No. 183 was registered at Police Station City, Narwana under Sections 279/338/427 of the Indian Penal Code on 14.9.1991. Identity of the driver of the offending four-wheeler became known after some time. He was arrested on 16.9.1991. After investigation, Ramphal was challaned. He was charged under Sections 279/338/427 of the Indian Penal Code by the Sub Divisional Judicial Magistrate, Narwana vide order dated 9.12.1991.

(2.) ON the conclusion of the trial, learned Sub Divisional Magistrate found the charge under Sections 279/338/427 of the Indian Penal Code proved against Ramphal-accused. He accordingly convicted him thereunder and sentenced him to undergo rigorous imprisonment for six months and to pay fine of Rs. 500/- under Section 279 of the Indian Penal Code. He sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs. 500/- under Section 338 of the Indian Penal Code. In default of payment of fine, he ordered him to undergo rigorous imprisonment for three months each. Out of the amount of the fine i.e. Rs. 1000/- if recovered, Rs. 600/- were ordered to be paid to the injured as compensation and the remaining amount of fine i.e. Rs. 400/- was ordered to be costs of proceedings to the State. Substantive sentences were ordered to run concurrently.

(3.) STILL not satisfied, Rampal has come up in revision to this Court.