JAGIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 01.10.2002 rendered by the court of Additional Sessions Judge, Hisar, vide which it dismissed the appeal against the judgment of conviction dated 13.09.1996 rendered by the court of Judicial Magistrate First Class, Hisar, vide which it convicted the present revision-petitioner for offences under Sections 279/304-A of Indian Penal Code (hereinafter referred to as the 'IPC') and however, the sentence of imprisonment for offence under Section 304-A IPC was reduced from eight months R.I. to six months R.I. while maintaining the remaining sentences including the sentence of fine.

(2.) BRIEFLY stated, the case of the prosecution is that on 26.07.1989 Sushil Kumar - complainant was driving a scooter bearing No. HYW-4598 and Subhash (deceased) was pillion rider. The scooter was being driven on the extreme left side of the road at a moderate speed. When they reached near Central Hall, Hisar, a truck bearing registration No. HRB-4861, which was being driven by the accused - Jagir Singh in a rash and negligent manner, came from the backside and in a process of overtaking the scooter, the driver of the truck hit against the scooter from backside due to which complainant fell down on one side of the road whereas, Subhash was run over by the truck and hence, sustained injuries. He was removed to the hospital and however, he succumbed to the injuries in the hospital.

(3.) ACCUSED was charged for offences under Sections 279/304-A IPC by the learned Trial Court to which he did not plead guilty and claimed trial.