LAWS(P&H)-2009-3-12

JITENDER Vs. STATE OF HARYANA

Decided On March 19, 2009
JITENDER Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS revision-petition is directed against the judgment dated 11. 10. 1999, rendered by the Court of Additional Sessions Judge, Bhiwani, vide which it dismissed the appeal against the judgment of conviction dated 03. 03. 1998 and the order of sentence dated 04. 03. 1998, rendered by the Court 'of Chief Judicial Magistrate, bhiwani, convicting the accused for the offences, punishable under Sections 279 and 304-A of the Indian Penal Code and awarding him sentence for various terms of imprisonment.

(2.) THE facts, in brief, are that on 13. 03. 1993, at about 5. 00/6. 00 p. m. Suresh kumar, complainant and Krishan Kumar, an eye witness, were standing on the road side. They were talking to each other. In the meanwhile, Kuldeep, nephew of Suresh Kumar, complainant, was seen going towards Dadri gate, on the correct side of the road. A truck bearing registration No. HR-7827, came from dadri Gate side, at a very fast speed, and hit against Kuldeep, who was run over. Kuldeep died, at the spot, on account of the injuries, sustained by him, in the said accident. Jitu alias Jitender Kumar, accused, slipped away from spot, after leaving his truck.

(3.) ON the basis of the statement of the complainant, the FIR was registered. Inquest report of the dead body of Kuldeep was prepared. Post mortem examination, on the dead body of Kuldeep, was conducted. The spot was inspected by the Investigating Officer. The statements of the witnesses were recorded. The accused was arrested. After the completion of investigation, the accused was challaned.