Sneh Prashar, J. - (1.) This petition was preferred by Balvinder Singh (petitioner) assailing the judgment dated 06.07.2005 passed by learned Additional Sessions Judge, Jagadhri upholding and affirming the judgment of conviction and order of sentence dated 25.11.2004 recorded by learned Additional Chief Judicial Magistrate, Jagadhri, in case pertaining to First Information Report No. 447 dated 02.12.1996 under Ss. 279 and 304 -A of the Indian Penal Code (for short "I.P.C.") registered at Police Station City Jagadhri, vide which he (petitioner) was held guilty, convicted and sentenced as under: - (i) to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/ - for the offence under Sec. 279 I.P.C., in default of payment of fine, to further undergo rigorous imprisonment for one month. (ii) to undergo rigorous imprisonment for a period of one and half (1 -1/2) year and to pay a fine of Rs. 4000/ - for the offence under Sec. 304 -A I.P.C., in default of payment of fine, to further undergo rigorous imprisonment for two months.
(2.) The sentence of rigorous imprisonment for one and half year awarded under Sec. 304 -A I.P.C. was reduced to one year by the first appellate Court vide judgment dated 06.07.2005.
(3.) The story of the prosecution was noticed by learned first appellate Court in Para No. 2 of the judgment as under: - "On 02.12.1996 he (complainant) alongwith one Shiv Charan son of Ramji Lal, resident of village Sankhera was returning to Jagadhri from his fields on his motorcycle. His nephew Rajinder (deceased) was also going towards Jagadhri on car bearing no. HR -02B -0023 which was going ahead of the motorcycle of the complainant. When the car reached near Kothi of Col. Jasbir Singh within the area of Police Station City, Jagadhri, a tractor -trolley being driven by a Sikh person, whose name lateron came to know as Balvinder Singh son of Gurbachan Singh, resident of village Leda Khas, in rash and negligent manner came from front side and dashed into the car. As a result of that impact, Rajinder received multiple injuries. The complainant took him to civil hospital, Jagadhri where he succumbed to injuries. The driver of tractor -trolley had fled away from the spot and he can be identified on appearance.";