SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present revision petition is directed against the judgment of conviction and order of sentence dated 20.11.2015 passed by learned Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri, 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 Sessions Judge, Yamuna Nagar vide judgment dated 16.02.2019.

(3.) Facts relevant for the purpose of decision of the present revision petition; that on 2.12.2010, a vehicular accident had taken place involving motorcycle bearing registration No.UP-12-G-1961 and car bearing registration No. DL-1C-G-3120. Meer Hasan, complainant of this case, got recorded FIR.in the matter on the ground that he alongwith Satbir son of Satpal were going to Ambala on motorcycle No.DL-75-2560. Parvinder Singh and Nanu alias Noorhasan were also with them on another motorcycle bearing No.UP-12-G-1961, which was being driven by Nanu alias Noorhasan and Parvinder Singh was sitting on rear seat of the said motorcycle. At about 2.00 PM, when they reached near Sher Punjab National dhaba, a car bearing No. DL-1C-G-3120 came from 'Chhaper' side, which was being driven in rash and negligent manner and the car rammed in the motorcycle of Nanu. Resultantly, Nanu and Parvinder Singh fell down on the road. The name of the driver was disclosed as Subhash son of Ranbir (present petitioner). Injured were got admitted in the hospital where Nanu was declared dead. On this, police started investigation. Accused-petitioner was arrested. After completion of investigation proceedings, challan was presented before the trial Court.