PARMOD KUMAR Vs. STATE OF HARYANA
LAWS(P&H)-2015-5-313
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 12,2015

PARMOD KUMAR Appellant
VERSUS
STATE OF HARYANA Respondents




JUDGEMENT

Rameshwar Singh Malik, J. - (1.)INSTANT criminal revision petition is directed against the impugned judgment dated 5.2.2015 passed by the learned Sessions Judge, Kaithal, whereby appeal of the petitioner against the impugned judgment of conviction dated 20.11.2013 and order of sentence dated 22.11.2013 passed by the learned Judicial Magistrate Ist Class, Kaithal, was dismissed, upholding the conviction and sentence of the petitioner.
(2.)BRIEF facts of the case, as recorded by the learned trial Court in paras 2 and 3 of its judgment, are that as per report submitted under Section 173 Cr.P.C. and other accompanying documents, a telephonic message was received on 20.4.2010 regarding an accident on Keorak Kaithal Road, near Radha Swami Satsang Bhawan (Dinod), whereupon ESI Shiv Kumar along with ESI Raj Kumar, EHC Mahipal, EHC Satsih Kumar and HC Ram Niwas reached at the spot, where Viney Kumar son of Kharak Singh, resident of Keorak and Sukhbir son of Aflatoon, resident of Keorak were found present. They told them that they were the eye -witnesses of the accident and Viney Kumar got recorded his statement to the effect that he along with Sukhbir son of Aflatoon was coming towards his village Keorak on his motorcycle make Model Pulsar. Near the Engineering College, he saw that his cousin brother Mohan aged 25 years and one Sandeep son of Rajbir was moving ahead of him, on a motor -cycle make Model Hero Honda Splendor. Sandeep son of Rajbir was the pillion rider and they were moving towards village Keorak. At about 8.15 pm, when Mohan and Sandeep reached near Radha Swami Satsang Bhawan on their motorcycle, then a roadways bus of Uttrakhand Depot bearing registration No. UA07K 0532 coming from Pehowa side hit the motorcycle of Sandeep. The roadways bus was being driven in a rash and negligent manner. After the said collision, both Mohan and Sandeep fell down on a road and sustained serious injuries, as a result of which they both died at the spot. The unknown driver of the offending bus fled away from the spot, after leaving the bus there.
On the basis of the above statement, the present FIR was registered. Investigation was set into motion. Site plan was prepared. Statements of witnesses were recorded under Section 161 Cr.P.C. Proceedings under Section 174 Cr.P.C. were conducted. Accused was arrested.

(3.)AFTER completion of investigation, the report under Section 173 Cr.P.C. having been presented to the court, copy thereof along with documents attached therewith, was supplied to the accused, as required under Section 207 Cr.P.C. A prima facie case was found to be made out against the petitioner. Accordingly, petitioner was charge -sheeted for the offences under Sections 279 and 304 -A IPC. The accused pleaded not guilty and claimed trial.


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