NAND LAL Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) NAND Lal accused -Petitioner was tried for the offence under Section 304 A, 337 and 279, Indian Penal Code. The Judicial Magistrate Ist Class, Hissar, convicted Nand Lal under Section 304 A. 337, 279, Indian Penal Code. He was sentenced to undergo rigorous imprisonment for fifteen months under Section 304 A, Indian Penal Code and rigorous imprisonment for three months each on the other two counts, with the direction that all the three substantive sentences shall run concurrently. On appeal the learned Additional Sessions Judge. Hissar, maintained the convictions of Nand Lal accused on all the three counts. The sentence of imprisonment of Nand Lal was reduced to one years rigorous imprisonment under Section 304 -A, Indian Penal Code, but his sentence on the other two counts, was maintained.

(2.) THE facts of the case briefly stated, are that on 20th October, 1972, jeep No. HRH 252 was going to village Kharia. The jeep was being driven by Rajender Singh P.W, and Sher Singh, Puran Singh, Risala Ram Sham Lal, Lachhmi, Mst. Chandrawati and some minor children vere(sic) sitting therein. When the jeep had covered a distance of two miles after crossing village Kurari, truck No. HRH 9058 driven by Nand Lal accused came from the opposite direction. According to the prosecution Rajinder Singh driver of the jeep took the jeep to his left on the kacha portion of the road, but the driver of the truck, who was driving the truck rashly and negligently, struck the truck against the jeep, as a result of which, it overturned resulting into the deaths of Risala and Sham Lal occupants of the jeep and injuries to Mst Lachh -mi. Mst Lachhmi was taken to the hospital at Hissar. The police reached the spot and recorded the statement of Rajinder Singh and the case was registered.

(3.) THE accused denied the allegations made against him and further stated he was not driving the truck on that day. No defence evidence was produced by the accused.