(1.) Challenge in the present petition is to the judgment dated 29.4.2010 passed by the learned Additional Sessions Judge, Karnal, whereby while dismissing the appeal filed by the petitioner, the judgment of conviction and order of sentence dated 09.06.2008 passed by the learned Additional Chief Judicial Magistrate, Karnal, was upheld.
(2.) The petitioner was tried for the offences under Sections 279, 304-A of the Indian Penal Code, 1860 ('IPC' for short). As per the prosecution case, on 4.7.2000 at about 4/4.30 p.m., when complainant-Rohtas along with his family members, was present at bus stand, Kuchhpura for going towards village Staundi, a three-wheeler bearing registration No. HR-45-5406 being driven by the petitioner came from the side of Karnal at a very high speed and without blowing horn. The said three wheeler hit the daughter of the complainant, namely, Sonia, aged 11 years, as a result of which, she had received grievous injuries on her head, mouth and chest. She died at the spot. On the statement of complainant Rohtas, FIR No. 168 dated 4.7.2000 under Sections 279, 304-A IPC was registered at Police Station Nissing.
(3.) After completion of investigation and necessary formalities, challan was presented against the petitioner. Charges were framed against the petitioner under Sections 279, 304-A IPC to which he pleaded not guilty and claimed trial. In order to prove its case, the prosecution had examined as many as six witnesses. In the statement recorded under Section 313 Cr.P.C., the petitioner-accused denied the charges and pleaded false implication. In evidence, he had examined DW1-Beer Singh.