SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present revision petition is directed against the judgment of conviction dated 19.12.2007 and order of sentence dated 20.12.2007 passed by learned Sub Divisional Judicial Magistrate, Hansi vide which the petitioner was convicted and sentenced as under:-

(2.) The appeal preferred by the present petitioner against the said judgment of conviction and order of sentence was dismissed by learned Additional Sessions Judge, Hisar vide judgment dated 04.07.2009 .

(3.) Facts relevant for the purpose of decision of the present revision petition; that on the statement of PW-1 Madan Lal (complainant), FIR No.270 dated 19.11.1998 was registered under Sections 279, 337 and 304-A IPC at Police Station Sadar, Hansi against the present petitioner. As per the complainant on 18.11.1998, he along with his brother Devi Dayal, his son Naresh, sister-in-law Nirmala Devi and nephew Rajesh had gone to Ding in a Maruti Car bearing Registration No. DL-3C-K 8481 to see his brother Sat Narain. When they had covered distance of 4-5 kms from Hansi towards Hisar side, a TATA vehicle bearing registration No.HR-39- 2960 came at a very high speed in a rash and negligent manner from wrong side and struck their car which was being driven by his son Naresh Kumar. Resultantly, all of them received injuries. His son Naresh Kumar and sister-in-law Nirmala Devi died while they were being taken to the hospital for treatment. On this, police started investigation, medical examination of the injured and postmortem examination of Naresh Kumar and Nirmala Devi was got done. After completion of investigation proceedings, challan was presented before the trial Court.