LAWS(P&H)-1999-8-48

DHARAMVIR Vs. STATE OF HARYANA

Decided On August 23, 1999
DHARAMVIR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Dharamvir, petitioner, was convicted under Section 304A Indian Penal Code, and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 1,000/ - in default thereof to further undergo imprisonment for a period of one month, vide order dated January 25, 1997, passed by Shri K.K. Bali, the then Chief Judicial Magistrate, Jind. His conviction and sentence on appeal was maintained by Shri G.L. Goyal, additional Sessions Judge II, Jind.

(2.) It is alleged that on September 16, 1990, Ved Pal alongwith his son Sandeep visited Jind to make purchases. In order to go back to their village, they boarded the bus (No. HRV 4410) from Jind. The bus was over-loaded. Ved Pal managed to get seat but Sandeep failed to get the seat and he was standing on the foot - board of the bus. It was a local bus.

(3.) Dharamvir, petitioner, is a driver. While he was on duty, he drove the bus rashly and negligently. Its rear portion hit the Truck No. HYH-2253 in the area of village Pindara, with the result Sandeep fell down from the bus and received injuries. He was removed to the Civil Hospital, Jind, from where he was referred to the Medical College and Hospital, Rohtak, where he succumbed to the injuries on the same night. Ved Pal lodged the report with the police on the basis of which FIR No. 206 dated September 17, 1999, was registered under Sections 279 and 304 - A, Indian Penal Code.