DHARAMVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present petition is to the judgment dated 15.7.2011 passed by the learned Additional Sessions Judge, Sonepat, whereby while dismissing the appeal filed by the petitioner, the judgment of conviction and order of sentence dated 29/30.10.2009 passed by the learned Sub Divisional Judicial Magistrate, Ganuar, has been upheld.

(2.) The petitioner was tried for committing the offences under Sections 279, 337, 338, 304-A. As per the prosecution, on 22.9.2000, the police party headed by SI Avtar, present near three-wheeler stand, Railway Road, Sonepat, came to know about an accident of a bus at Khubru road at some distance from Seikhpura, in which many passengers were reported to have sustained injuries. Some of the passengers were admitted in Aggarwal Hospital and some were in other hospital. On receipt of the said information, the police party reached Aggarwal Hospital, where the Doctors had produced the MLRs of the injured, including injured Rajesh. Accordingly, statement of injured Rajesh (Exhibit PB) was recorded by the police. He stated in his statement that he had come to Ganaur for his personal work. At Ganaur he boarded a bus bearing Registration No. HR-46-1727 for going to Gohana.There were about 25/30 passengers sitting in that bus. The bus driver was driving the said bus in a rash and negligent manner and when the bus reached near a brick-kiln which was slightly ahead of Seikhpura, the driver could not control the bus and it stuck against the Neem Tree and then got turned turtle. Many passengers sustained injuries, out of whom two persons had expired at the spot itself. On the basis of the said statement of Rajesh, FIR in this case was registered.

(3.) On the basis of the evidence led, it stood proved before the learned trial Court that on account of the rash and negligent driving of the petitioner, two persons, namely, Harphool Singh and Krishan had expired after having sustained injuries in the accident. Post mortem reports of the deceased were proved PW3-Dr. S.S. Bhogal. The stand of the accused-petitioner that the accident in question took place due to breaking of the belt (Patta) of the bus, did not find any favour with the trial Court, as the said plea was not corroborated by any evidence in this regard. Consequently, vide judgment/order dated 29/30.10.2009, the petitioner was convicted under Sections 279, 337, 338, 304-A IPC and sentenced to undergo RI for 6 months each under Sections 279 and 337 IPC and RI for a period of one year each under Sections 338 and 304-A IPC.