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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