PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PROSECUTION case in brief is that on 18.3.1991 at about 8.30 a.m., Lakhmir Singh and his uncle Surjan Singh were going to his fields. They were on cycles. Their fields are situated on the western side of the State highway. Surjan Singh after getting the tyres of the cycle inflated was getting on to the road near village Patreheri. The moment Surjan Singh was on the road, a tractor-trolley came from the side of the village Karasan carrying a marriage party. It was being driven by Pawan Kumar-accused. He could not control the tractor-trolley and the tractor tilted towards the left and hit the cycle being pedalled by Surjan Singh. Pawan Kumar was driving the tractor-trolley rashly and negligently and without any regard for human safety. As a result of the impact, Surjan Singh fell down and suffered injuries on the head and other parts of the body. Arjun Singh and Bachna Ram of village Petreheri also witnessed the occurrence. Pawan Kumar ran away from the spot. Dr. Ashwani Kashyap performed post mortem on the dead body of Surjan Singh. Matter was reported to the police by Lakhmir Singh, on the basis of which, case FIR No. 45 dated 18.3.1991 was registered at Police Station, Naraingarh under Sections 279/304-A of the Indian Penal Code on 18.3.1991. Tractor was got mechanically tested from Raghbir Singh, motor mechanic. He found the tractor in order. Place of mishap was photographed by Suresh Kumar. Case was investigated by ASI Swaran Lal. After investigation, Pawan Kumar was challaned.

(2.) PAWAN Kumar was charged under Sections 279/304-A of the Indian Penal Code by the learned Magistrate. He pleaded not guilty to the charge and claimed the trial.

(3.) AGGRIEVED from this order dated 10.12.1997 passed by the learned Judicial Magistrate Ist Class, Ambala City convicting and sentencing Pawan Kumar under Sections 279/304-A of the Indian Penal Code, Pawan Kumar went in appeal to the Court of Session.