A.S.NEHRA,J - (1.) THE petitioner was convicted under Sections 279 and 304-A, Indian Penal Code, and was sentenced to undergo rigorous imprisonment for 4 months under section 279, Indian Penal Code, and was further sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- and, in default of payment of fine, to undergo further rigorous imprisonment for 4 months, under Section 304-A, Indian Penal Code, by the Additional Judicial Magistrate, Faridabad. Both the substantive sentences of imprisonment were ordered to run concurrently. The appeal filed by the petitioner was dismissed by the Additional Sessions Judge, Faridabad, on 17-7-1986 with the observations that the petitioner shall undergo imprisonment only under section 304-A, Indian Penal Code.
(2.) THE prosecution case, in brief, is as under :- "On 10-5-1983, Madan Lal was standing in front of his house which was under construction in Section 7-A, Faridabad A boy, namely, Chunu alias Jitender Chopra, who was known to Madan Lal, was going on a cycle towards Sector 7-A, Faridabad. A bus bearing No. HRU-8298 came from the Delhi side and was being going towards Ballabgarh via Sector 10, Faridabad. The bus was being driven by the petitioner at a fast speed rashly and negligently. No horn was blown. The bus stuck against the cyclist. Consequently, the boy was run over by the bus. On hearing the alarm Ramesh Chand Kailash Chander also reached the spot. The boy died as a result of the accident. The bus was taken into possession. The accused-petitioner was arrested. The dead body of the deceased was sent for post-mortem examination. On the statement of Madan Lal PW-5, the case was registered against the petitioner." The prosecution, in its evidence, examined Kailash Chander PW-1, Ramesh Chand PW-2, Dr. M.R. Sharma PW-3, Tej Pal PW-4, Madan Lal PW-5, Sub-Inspector Kartar Singh PW-6, DSP Baldev Raj PW-7, ASI Rohtash PW-8 and Rakesh PW-9.
(3.) KAILASH Chander PW-1 and Ramesh Chand PW-2 have not supported the prosecution story. Dr. M.R. Sharma PW-3 has deposed that, on request Exhibit PA of the police, he conducted post-mortem examination on the dead body of Chunu deceased on 10-5-1983. Exhibit PB is the carbon copy of the report of the post-mortem examination. PW-3 has stated that the cause of death, in his opinion, was shock and haemorrhage resulting from the accident. PW-4 Tej Pal has stated that he conducted examination of the bus. Exhibit PC is the test report submitted by PW-4. PW-5 Madan Lal has deposed about the accident. He stated that the petitioner was driving the bus, in question, and the same struck against the cyclist who fell down and was run over by the bus. Exhibit PD is the report made by PW-5 to the police. PW-5 has further stated that the bus was taken into possession, vide recovery memo Exhibit PE. PW-6 Sub-Inspector Kartar Singh has deposed that, on receipt of ruqa Exhibit PD, formal FIR Exhibit PD/1 was recorded. PW-7 Baldev Raj has deposed that, on completion of investigation, he prepared a report under Section 173 of the Code of Criminal Procedure. PW-8 Assistant Sub-Inspector has deposed that, on 10-5-1983, statement Exhibit PD of Madan Lal was recorded by him and the same was sent to the police station, vide endorsement Exhibit PD/2, on the basis of which the formal FIR was recorded. PW-8 also prepared site-plan Exhibit PW-7/1. PW-9 Rakesh has deposed that, vide receipt Exhibit PW-7/C, the dead body of Chunu was received by him after the post-mortem examination. Photographs, Exhibits P-1 to P-5 and negatives, Exhibits P-6 to P-11, were produced.;