BALDEV RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) - This revision petition is directed against the judgment dated 23.01.2001, rendered by the Court of Additional Sessions Judge, Rohtak, vide which it dismissed the appeal against the judgment of conviction and the order of sentence dated 28.08.1999 rendered by the Court of Additional Chief Judicial Magistrate, Rohtak, convicting the accused, for the offence punishable under Section 304-A of the Indian Penal Code and awarding him sentence to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/-, and in default of payment of the same, to undergo further rigorous imprisonment for a period of one month.

(2.) THE facts, in brief, are that on 26.05.1992, Bus No. HR-20A/9506, on which Karan Singh, Head Constable and Gandhrav Singh, Constable were on escort duty, started from Delhi, for Sirsa at about 8.30 PM. Baldev Raj was the driver of the said bus. He was driving the same, rashly and negligently. The occupants of the bus, as well as the Police officials, who were on escort duty, told him a number of times, to drive the same cautiously and at a slow speed but he did not listen to them. At about 11.30 PM when the bus had covered a few paces from the cardboard factory (Gatta Factory), in the area of village Bahu Akbarpur, truck No. 6337, was found parked on the road. The driver was putting the water in the truck. It was further stated that the driver of the bus could not control the same (bus) because of fast speed, as a result whereof, it rammed into the stationary truck. It was further stated that the driver of the truck, Karan Singh, Head Constable and 2/3 passengers received injuries. They were taken to Post Graduate Institute of Medical Sciences, Rohtak, in the vehicles, for treatment. Sunhera Singh, Assistant Sub Inspector, alongwith other Police officials, met Gandhrav Singh, Constable, near the bridge of drain no.8, Hisar road, Rohtak. He made a statement Ex.PW5/A to him, which formed the basis of first information report. It was further stated that Ram Phal, driver of the truck, succumbed to the injuries, in the hospital, lateron. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Dr. Indu Lalit, (PW-1), Bishamber Dayal, Head Constable, (PW-2), Kaptan Singh, Sub Inspector, (PW-3), Jagat Singh, Head Constable, (PW-4), Gandhrav Singh, complainant, (PW-5), Hoshiar Singh, (PW-6), and Karan Singh, Head Constable, (PW-7). Thereafter, the trial Court closed the prosecution evidence, as no other witness appeared, despite granting a number of opportunities.