DAYA KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition I am disposing of after reading grounds of revision in the absence of the counsel for the petitioner and with the assistance rendered by Shri H.P. Verma, Deputy Advocate General, Haryana.

(2.) THIS revision petition is directed against the judgment dated 17th March, 1987 passed by the learned Sessions Judge, Kurukshetra, who affirmed the conviction of the petitioner Daya Kishan under Sections 304-A, 337 and 279, Indian Penal Code. In the matter of sentence the learned Sessions Judge reduced the substantive sentence from 1- years' R.I. to one year R.I. under Section 304-A, I.P.C.; from two months' R.I. to one month's R.I. under Section 337, I.P.C., but no reduction was made in the matter of sentence under Section 279, I.P.C., under which the petitioner was sentenced to undergo R.I. for one month. The petitioner was earlier convicted and sentenced vide judgment dated 4th November, 1986 and order dated 5th November, 1986, respectively, passed by the Judicial Magistrate Ist Class, Kurukshetra, who convicted the petitioner under Sections 304-A, I.P.C., 337 I.P.C. and 279 I.P.C. Besides awarding substantive sentence the petitioner was also imposed a fine of Rs. 500/- and in default of payment of fine, he was ordered to undergo further R.I. for a period of three months, for the offence committed under Section 304-A, I.P.C.

(3.) THE case was investigated. The Investigating Officer went to the place of occurrence and prepared a rough site plan. The accused was arrested and he was medically examined and it was found that he was under the influence of liquor. Ruqa was also received from the Civil Hospital regarding the admission of Smt. Kaushalya Devi and Sammi injured. The Investigating Officer rushed to the Civil Hospital in order to record their statements. Smt. Kaushalya Devi was not fit to make a statement. Shammi was fit to make a statement and his statement was recorded under Section 161 Cr.P.C. Later on Smt. Kaushalya Devi and one Anil Bandhu expired in the hospital. Inquest report was prepared under Section 174, Cr.P.C. and post-mortem examination was conducted The bus in question was taken into possession. The Investigating Officer also collected the medico-legal report of Anil Bandhu. After the completion of the investigation, the accused was challaned under Section 304-A, 337 and 279 of the Indian Penal Code.