RANDIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 6.9.2002 passed by Additional Sessions Judge, Kurukshetra dismissing the appeal of the accused-petitioner (herein referred as 'the petitioner') against the judgment dated 11.7.1998 convicting or sentencing the petitioner to undergo rigorous imprisonment for two months under Section 279 IPC, rigorous imprisonment for three months and a fine of Rs. 200/- under Section 337 IPC, rigorous imprisonment for nine months and a fine of Rs. 500/- under Section 338 IPC and rigorous imprisonment for 1-1/2 years under Section 304-A IPC.

(2.) THE brief resume of the facts is that on 20.12.1990, Balbir Singh reported to the police that he was working as a truck operator at Ladwa and on that day, he had gone to Ladwa Union. He further alleged that his daughter Kuldip Kaur and his niece Kanwarjit Kaur had also gone to the Government High School, Ladwa to take exam and at about 1:45 P.M, when they were coming back to their village on their respective bicycles, he as well as Sher Singh saw them when they were on a scooter. When they reached near Village Bapdi, the petitioner while driving the truck No. HR-9615 rash and negligently came from opposite side and struck against the bicycle of Kanwarjit Kaur and thereafter, in the bicycle of Baru Ram and thereby Kanwarjit Kaur received fatal injuries and later on she died.

(3.) THE petitioner was charged under Sections 279, 337, 338, 304-A IPC to which he opted to contest in order to substantiate the charges.