GURDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been directed against the impugned judgment dated 28.09.2018 passed by learned Sessions Judge, Panchkula, vide which the appeal filed by the petitioner has been dismissed and the judgment of conviction dated 01.04.2017 as well as order of sentence dated 03.04.2017, under Sections 279 and 304-A of the Indian Penal Code, (for short 'IPC') of learned then Sub Divisional Judicial Magistrate Kalka, has been affirmed.

(2.) Brief facts of the case are that prosecution was initiated on the basis of statement of PW-4-Deepak Kumar/complainant with the allegations that on 07.02.2014, at about 2:30 p.m. Hom Bahadur alongwith his grand daughter, namely, Jhalak had been walking on the side of the road. In the meantime, a truck bearing registration No. HP-12-8695, which had been driven by the accused in a rash and negligent manner, hit Hom Bahadur and Jhalak. Due to the collision, Hom Bahadur and Jhalak had succumbed to injuries. On the basis of these allegations FIR No. 39 dated 07.02.2014 was registered at Police Station, Pinjore, for the offence under Sections 279 and 304-A of the Indian Penal Code.

(3.) After completion of the investigation, report under Section 173 Cr.P.C. was submitted and thereafter, charges under Sections 279 and 304-A of the Indian Penal Code were framed against the petitioner to which, he pleaded not guilty and claimed trial. Prosecution examined 10 witnesses, including complainant-Deepak Kumar as PW 4.