ABHAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was convicted ulider section 279 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for six months. He was also convicted under section 304.,1., Indian Penal Code, and sentenced to undergo rigorous imprisonment for 1 1/2 years, and to pay a fine of Rs. 500/-, TN Id in default of payment of fine to undergo fu their rigorous imprisonment for six months, be the learned Additional Chief Judicial Magistrate, Gurgaon. However, the substantive sentences of imprisonment were ordered to run concurrently. On appeal, the learned Additional Sessions Judge, Gurgaon upheld the conviction and sentences imposed upon the petitioner by the learned trial Court. He has challenged his convictions arid sentences under both the counts, by way of this revision petition.

(2.) The prosecution case, as set up at the trial was that on 2nd September, 1979 at about 3.30 or 4.00 p.m. Virender Singh (since deceased) was going on his cycle when the petitioner came from behind driving his truck No. DHG-2770 at a. fast speed and hit Virender Singh, as a result of which the latter sustained injuries and died soon after. It is alleged that the occurrence was witnessed by Maha Singh P. W.5 and Mahabir.

(3.) The injured was taken to Civil Hospital, Gurgaon, by the petitioner himself, but he died on the way, as is stated in the doctors rukka Exhibit DA which was sent to the police. On receipt of this rukka, H.C. Uma Chand went to the hospital and recorded the statement Exhibit PC of Mahabir. On the basis of his statement, formal F.I.R. Exhibit PB was recorded at Police Station, Sadar, G u rg a on.