TAYYAB Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been instituted by accused - Tayyab son of Yasin against Judgement and order dated 8.8.1995 passed by Sessions Judge Gurgaon whereby he was found guilty and convicted under Section 304 -A IPC and was sentenced to RI for 2 years and fine of Rs. 2,000/ - In default of payment of fine, he was further sentenced to undergo RI for 6 months. Fine was paid.

(2.) BRIEFLY stated, the facts of the case are that the appellant as well as Jamshed PW were plying improvised vehicles commonly known as Jugar for caryine passengers from Punhana to Jharokari. Kamruddin and some other passengers on, 1.5.1994 boarded the Jugar of the appellant at Indana Kothi stand but then shifted to the Jugar of Jamshed as his Jugar was found leaving first of all. The appellant took offensive of Jamshed PW for taking away his passengers. Out of vengeance, he drove his Jugar at a high speed in order to chase the Jugar of Jamshed and in the process of overtaking, he struck against the Jugar of Jamshed, due to which the Jugar of Janished turned turtle and Kamruddin, Ratti Khan and others received injuries. Kamruddin succumbed to his injuries later on.

(3.) THE case was registered under Sections 279, 337 and 304 -A IPC on the statement of Jamshed. During investigation, on receipt of complaint, it was converted into one under Section 302 IPC for intentionally causing the death of Kamruddin.