A.S.NEHRA,J - (1.) PETITIONER was convicted under Sections 304-A, 279 and 427 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/- under Section 279 of the Indian Penal Code; in default of payment of fine he was ordered to further undergo RI for a period of three months. He was sentenced to undergo RI for a period of two years under Section 304-A of the Indian Penal Code and was sentenced to undergo RI for six months and to pay a fine of Rs. 1000/- under Section 427 of the Indian Penal Code; in default of payment of fine he was further ordered to undergo RI for three months on February 26, 1986 by the Additional Chief Judicial Magistrate, Rohtak. The appeal of the petitioner was dismissed on July 17, 1986 by the Additional Sessions Judge, Rohtak.
(2.) BRIEFLY stated the prosecution case is that on October 16, 1988 at about 8 p.m., Narain Singh and Ram Kumar were sitting outside the Baithak of Bhola when in the meantime bus No. HRJ-3567 came at a rash speed in a zig-zag manner from the side of Rohtak. The bus came to its wrong side of the road and struck against the cart standing there resulting into damage to the cart. Further the bus struck against the bullock cart. The driver turned the bus towards his left hand side and struck it against the camel cart which was standing on the Kacha portion of road. The driver could not control the bus and struck it against the house of Bhola Carpenter, as a result of which his house fell down. Bhola and his son, who were sitting in front of their house, came under the bus and were run over and sustained serious injuries. The bus further struck into the house of Laxmi which house had also fallen. The accused was caught at the spot by Ram Narain etc., and he disclosed him name as Amin Lal. However, he managed to escape from there Bhola and Chander were taken to Medical College and Hospital, Rohtak. Narain Singh reported the matter to the police, on the basis of which the present case was registered against the petitioner. Bhola and Chander succumbed to their injuries in the hospital. Pw 1 is Dr. Jugal Kishore, who had conducted post mortem examination on the dead bodies of Chander son of Bhola Ram, aged 45 years, resident of village Kahlawar and Bhola son of Abhan, aged eight years resident of village Kehlawar. The doctor found the following injuries on the person of Chander - 1. An oblique lacerated wound 2 cm x 1 on the right side of head 8 cm above the upper end of right pinna, read in colour, no bony injury. 2. An oblique lacerated wound 1.5 cm x 1 cm on the right side of head 3 cm. below the injury No. 1 red in colour, no bony injury. 3. Oblique contusion 8 cm x 1 cm on the back of left elbow red in colour. 4. An oblique contusion 8 cm x 2 cm on the back of chest in the left infrans-capular region red in colour. (It was further stated that on opening chest, there was fracture of 8th 9th and 10th rib on left side with laceration of muscles. The left lower leg was found to be ruptured. The doctor further opined that the injuries were sufficient to cause death in the ordinary course of nature and that probably 24 hours time elapsed between death and post-mortem examination.
(3.) ON the person of Bhola, the doctor found the following injuries :- 1. There were multiple lacerated wounds on the right side of face and lateral end of right eye which were red in colour. 2. A circular 1 cm wound with lacerated margin on the back of right elbow in disruption there was laceration of muscles and fracture of right olecaranon's head with in filtration of blood in the surrounding tissues. 3. An oblique lacerated wound 1.5 cm x 1 cm on the lower 1/3rd of right forearm which was skin deep red in colour. 4. A vertical lacerated wound 4 cm x 2 cm x 1 cm on the front of right leg 10 cm above the ankle. 5. An oblique abrasion 5 x 5 cm on the front of left patella covered with large brown crust. 6. An oblique lacerated wound 3 cm x 1 x 1 cm on the bone of left hand in the middle. It was skin deep and red in colour. 7. Oblique lacerated wound 1 cm x 75 cm x 5 cm on the front of left leg of its lower 1/3rd red in colour. It was further opined that on opening there was haematoma 20 cm x 10 cm on the left side of scalp. The left parietal bone was fracture. On opening skull there was sub-dural haematoma, red in colour over the right parietal bone. It was further opined that the injuries were sufficient to cause death in the ordinary course of nature.;