SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution case, in brief, is that on 30.6.1980 at about 7.30 A.M. in Matador No. HYR-606 Mangal Singh its driver was taking marriage party consisting of 27 persons from village Kutana towards Hansi along Rohtak-Hisar Road. When Matador reached near Village Kharkhara Police Station, Meham truck bearing No. RJI-1415 came from opposite side being driven by Satbir accused rashly and negligently. He was not sounding any horn to caution the other vehicles being plied on the road. On seeing this truck being driven at a fast speed rashly and negligently and carelessly, Mangal Singh swerved that Matador towards extreme left side of the road. Truck rammed into the Matador. Matador was being dragged to a distance of 17-18 steps. As a result of this ghastly accident ten occupants of the Matador including its driver Mangal Singh died at the spot. Rest of the occupants of the Matador were grievously injured. Some body informed Police Station, Mehal telephonically regarding this ghastly and tragic accident. On receipt of telephonic message, SI Jai Chand of Police Station, Meham rushed to the spot alongwith the other police officials. At the spot, he found may persons from nearby fields having collected there. Satpal PW1, who was one of the occupants of the Matador, reported the matter to SI Jai Chand vide statement Ex.PA. On the basis of statement Ex.PA, case FIR No. 119 dated 30.6.1980 was registered at Police Station, Meham. Both the vehicles were taken into possession vide memo Ex.PC. These were mechanically tested by Hajari Lal PW 31. Post mortem examination was carried out on the dead bodies of those unfortunates, who had lost their lives in this accident. After investigation, Satbir accused was challaned under Sections 304-A, 279, 337 and 338 Indian Penal Code. On the conclusion of the trial, Judicial Magistrate Ist Class, Rohtak found the charge under Sections 279, 337, 338 and 304-A Indian Penal Code proved against the accused. He, accordingly, convicted him thereunder and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 3000/- or in default to further rigorous imprisonment for three months under Section 304-A IPC. He sentenced him to undergo RI for three months and to pay a fine of Rs. 200/- or in default to further undergo RI for one month under Sections 279, 337 and 338 IPC. He ordered the sentences to run concurrently.

(2.) SATBIR went in appeal to the Court of Session and thereby challenged his conviction and sentence imposed upon him by learned Magistrate vide order dated 1.9.1986.

(3.) I have heard the learned counsel for the petitioner, learned Assistant Advocate General, Haryana and have gone through the records.