- (1.) The present revision petition is directed against judgment dated 17.2.2006 passed by the Court of learned Additional Sessions Judge, Panipat, vide which it dismissed the appeal against judgment of conviction and order of sentence dated 10.1.2005 passed by Additional Chief Judicial Magistrate, Panipat, convicting present petitioner for offences under Sections 279, 337, 304A of the Indian Penal Code 1860 (for short 'the IPC') and sentenced to undergo simple imprisonment for a period of six months under Section 279 IPC; simple imprisonment for a period of six months under Section 337 IPC; and rigorous imprisonment for a period of one year and to pay a fine of '.500/- and in default of payment of fine to undergo simple imprisonment for a period of ten days for offence unde Section 304A IPC.
(2.) Briefly stated, the case of prosecution is that on 17.4.1996, Dalbir and Shamsher (deceased) were going on motor-cycle bearing registration No.DL 2SH 3438 from Village Dahar to Israna for getting LPG Cylinder refilled. LPG Cylinder was tied on the back of the motor-cycle.
(3.) Shamsher(deceased) was driving the motor-cycle, whereas Dalbircomplainant was the pillion rider. At about 5.00 p.m., they reached ahead of turn to village Balana near Naultha School, when a truck bearing registration No.RSA 5281 came from opposite direction, i.e., from the side of Israna. The truck was being driven by its driver in a very rash and negligent manner. After observing the coming truck in such a manner, Shamsher (deceased) had taken his motor-cycle towards kacha portion of the road on his left hand side, however, truck driver could not control the truck and had taken the same on the wrong side of the road. Dalbircomplainant could save himself after jumping from motor-cycle towards the ditches, where kikkar trees were also standing. The driver of the truck ran over the motor-cycle, which was badly damaged and Shamsher, driver of the motor-cycle sustained serious injuries and succumbed to the same at the spot. The truck also went towards ditches and got stuck there. Dalbir had a talk with the driver of the truck, who disclosed his name and address as Rameshwar Lal s/o Shri Kana Ram, resident of Mukandpura, Rajasthan, i.e., the present petitioner. However, when Dalbir started looking after Shamsher, Rameshwar Lal-petitioner succeeded in running from the spot.;