SUMER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed against the order dtd. 13/1/2022 passed by the learned Additional District and Sessions Judge-I, Sirsa, vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dtd. 12/4/2018 passed by learned Judicial Magistrate, 1st Class, Sirsa, has been dismissed.

(2.) The prosecution in the present case had been launched upon a written complaint Ex.PW2/A of one Kapil inter alia with the allegation that on 3/11/2012 he along with his uncle Sahab Ram, Surender and Kuldeep were going to get repaired one pick-up bearing registration No.HR575886 which was out of order, by dragging it with the help of another pick-up bearing registration No.HR99MH(T)7410 from village Badopal at 1:00 PM. Sahab Ram and Kuldeep were in one vehicle, and he and Surender were in another vehicle. Vehicle No.HR57-5886 was dragged with the help of vehicle No.HR99MH(T) 7410. At around 4:00 PM, when they reached near Khatu Shyam Petrol Pump of village Bhavdin they stopped their vehicle to ease themselves. At that very moment, one Canter which was driven by its driver in a rash and negligent manner and at a very fast speed, which was coming from Fatehabad came and directly smashed into the Vehicle No.HR57-5886. Due to the impact, this vehicle over-turned and the vehicle which was ahead of it, was thrown into the pit. The complainant alleged that due to the impact, all of them received injuries and Sahab Ram died at the spot, while Surender died later on. When he saw the number of the canter, it was found to be HR-57-5501. The driver of the canter ran away from the spot. The injured were taken to hospital in ambulance. Action against the unknown driver was sought and consequently, the present FIR No.171 was registered on 3/11/2012.

(3.) Pursuant to the registration of the FIR, the investigation began and the accused was formally arrested after completion of the investigation, a final report under Sec. 173 Cr.P.C. was presented before the Court and the accused was charge-sheeted under Ss. 279, 337 and 304-A IPC.