JUDGEMENT
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(1.) The present criminal revision has been filed against the
judgment dated 3.8.1999, passed by the Additional Sessions Judge, Karnal ,
vide which the appeal filed by the petitioner was dismissed. The accusedpetitioner was convicted and sentenced vide judgment/order dated
22.7.1997, passed by the Judicial Magistrate Ist Class, Karnal, to undergo
R.I for a period of one year and to pay a fine of Rs. 500/- under section
304-A IPC of the Indian Penal Code and in default of payment of fine to
further undergo S.I for a period of two months. He was further sentenced to
undergo R.I for a period of six months and to pay a fine of Rs. 400/- under
section 279 I.P.C and in default of payment of fine, to further undergo S.I
For a period of one month. He was also sentenced to undergo R.I for three
months and to pay a fine of Rs. 200/- under section 337 IPC and in default
of payment of fine, to further undergo simple imprisonment for 15 days. All
the substantive sentences were ordered to run concurrently.
(2.) In nutshell, the prosecution story is that on 1.7.1989
petitioner-Tek Chand was driving Haryana Roadways Bus No. HYG-3871,
coming from Panipat, in a rash and negligent manner and struck against a
Vickey bearing registration No. HNL-1573, driven by Ishwar Chand. The
pillion was Ram Parshad. Pillion Ram Parshad sustained multiple injuries
and died on the spot. Ishwar Chand, complainant also received injuries. On
the statement of Ishwar Chand, FIR was registered against the accusedpetitioner. Accused was arrested on 1.7.1989. He was charge sheeted
under section 279/337/304-A IPC to which he pleaded no guilty and
claimed trial.
(3.) After the appraisal of entire evidence produced on
record, the Ld. Trial Court convicted and sentenced the accused vide order
dated 22.7.1997. Aggrieved against the said order, he filed an appeal before
the Ld. Additional Sessions Judge, Karnal, which was dismissed on
3.8.1999.;
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