STATE OF HARYANA Vs. OM PARKASH

JUDGEMENT

(1.) THIS appeal has been filed by the State of Haryana for the enhancement of sentence, against the judgement dated 05.07.91, rendered by the Court of Additional Sessions Judge, Faridabad, vide which, it partly accepted the appeal, maintaining the conviction and releasing the appellant, on probation of good conduct as also granting compensation in the sum of Rs. 8000/-, against the judgement of conviction and the order of sentence dated 21.03.91, rendered by the Court of Judicial Magistrate 1st Class, Faridabad, vide which, it convicted the accused, for the offences, punishable under Sections 279 and 304-A of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for a period of 2 months and to pay a fine of Rs. 250/-, in default, to further undergo rigorous imprisonment for a period of 25 days for the offence, punishable under Section 279 of the Indian Penal Code, and further sentenced him to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs. 500/-, in default, to undergo further rigorous imprisonment for a period of 2 months, for the offence, punishable under Section 304-A of the Indian Penal Code, at the same time, directing that the substantive sentences, shall run concurrently.

(2.) THE facts, in brief, are that on 31.10.86, at about 7.30 AM, Ravi Shanker, complainant, and Raja Ram, after their duty was over, were coming back from the factory on their bicycles. Ravi Shanker was ahead of Raja Ram, at a distance of about 10/20 steps. They were going on the left side of the road. At about 8.15 AM, bus bearing No. 996 UHI of Idgah Depot, Agra, struck against the bicycle of Raja Ram, from behind, being driven in a rash and negligent manner. Due to this, Raja Ram, fell down alongwith the bicycle, on the road, and was crushed under the front wheel of the bus. He died at the spot. On the basis of the statement of Ravi Shanker, the first information report, was recorded. The Investigating Officer prepared the site plan. He took the bus and bicycle into possession, from the spot. The dead-body of Raja Ram, was sent for post-mortem examination. The accused was arrested. After the completion of investigation, he was challaned.

(3.) THE prosecution, in support of its case, examined Ravi Shanker, complainant (PW1), Vijay Kumar (PW2), Rajinder Parshad (PW3), Madan Lal Sethi, Photographer (PW4), Chanderpal, Head Constable (PW5), Rajinder Singh, Head Constable (PW6), Lallan Tiwari (PW7), Ram Pal (PW8), Head Constable Anup Singh (PW9), and Raghuber Singh (PW10). The prosecution, however, failed to conclude its evidence, despite availing of a number of opportunities. Accordingly, its evidence was closed, vide order dated 02.01.91, by the trial Court.