ANAND Vs. STATE OF HARYANA
LAWS(P&H)-2010-1-211
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 28,2010

ANAND Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

T.P.S .MANN,J. - (1.)The petitioner was tried by Judicial Magistrate Ist Class, Gurgaon for offences under Sections 279 and 304-A IPC. Vide judgment and order dated 9.11.2001, the trial Court convicted the petitioner for the said offences and sentenced him to undergo rigorous imprisonment for one year under Section 304-A IPC and imprisonment for a period of two months under Section 279 IPC. Both the sentences were, however, ordered to run concurrently. Aggrieved of the same, the petitioner filed an appeal, but the same was dismissed by Additional Sessions Judge, Gurgaon on 5.10.2002. He is now before this Court by way of a revision filed under Section 401 Cr.P.C.
(2.)The F.I.R was registered on the basis of a statement made by Raja Ram, wherein he stated that on 12.7.1998 he alongwith his wife Santosh Devi (since deceased) and one Ram Kishan, resident of village Janaula was coming from Pataudi to their village on foot by moving on kacha portion of the road. When they reached near the Shiv Mandir, a jeep bearing registration No.HR-26-D-6516 came from the side of Pataudi. When the jeep stopped, the passengers sitting therein got down and boarded a bus. Thereafter, the jeep driver while driving the jeep rashly and negligently took a sudden turn at a fast speed and dashed the same against Santosh Devi, as a result whereof, Santosh Devi fell down at the spot and died.
(3.)In support of its case, the prosecution had examined 7 witnesses. Out of them, PW-1 Raja Ram and PW-2 Ram Kishan deposed about the ocular account. The investigation part of the case was brought before the Court through the testimonies of PW-3 H.C.Ram Singh, PW-5 H.C. Jagdish Rai and PW-7 ASI Bhoop Singh. Dr Vivesh Kumar PW-6 deposed about the post mortem examination conducted on the dead body of Santosh Kumari, whereas PW-4 Azad Kumar proved the photographs, which he took after reaching the spot on 12.7.1998. The petitioner had denied the prosecution allegations levelled against him and pleaded false implication. He, however, did not examine any witness.


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