BASANT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present petition is to the judgment dated 11.04.2017 passed by the learned Additional Sessions Judge, Jhajjar, whereby while dismissing the appeal filed by the petitioner, the judgment of conviction dated 06.01.2016 and order of sentence dated 07.01.2016 passed by the learned Judicial Magistrate Ist Class, Jhajjar, have been upheld.

(2.) The petitioner was tried for committing the offences under Sections 279 and 304-A IPC. As per the prosecution, on 28.09.2011, complainant-Dharambir, brother of Ombir (since deceased) made a statement to the police that in that morning, he and his brother-Ombir were going to Gurukul on their motor-cycle bearing registration No.HR 19C-8101, to meet one Anup. At around 9.30 a.m., when they were returning to their village and reached near a temple, then a Haryana Roadways Bus being driven in a rash and negligent manner, came from the side of village Chhuchhakwas and hit their motor-cycle. As a result of the aforesaid, they fell down and sustained various injuries. Because of the accident, the right hand and foot of Ombir got fractured besides him having received injuries in the head. The driver of the bus came to them and disclosed his name as Basant. However, he subsequently fled from the spot, alongwith with bus. The complainant could not note down the registration number of the bus. Ombir was rushed to GH, Jhajjar, from where he was referred to PGIMS, Rohtak, but he succumbed to the injuries on the way.

(3.) After completion of investigation and necessary formalities, challan was presented against the petitioner.