- (1.) By way of this petition, Partap Singh (petitioner) assailed the judgment dated 19.09.2007 passed by learned Sessions Judge, Narnaul affirming the judgment of conviction dated 19.10.2004 and order of sentence dated 20.10.2004 recorded by learned Judicial Magistrate Ist Class, Narnaul, in case pertaining to First Information Report No.282 dated 12.11.1999 under Sections 279 and 304-A of the Indian Penal Code (for short "I.P.C.") registered at Police Station City Narnaul, vide which he was held guilty, convicted and sentenced as under:- (i) to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.500/- for the commission of offence under Section 279 I.P.C. (ii) to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.200/- for the commission of offence under Section 304-A I.P.C.
(2.) The facts as they emerge from the record and are relevant for being noticed are as under:- On 12.11.1999 Suresh Kumar, Sub Inspector went to General Hospital, Narnaul on receipt of an information about admission of a person injured in a roadside accident. The injured was declared unfit for making statement and no eyewitness of the accident was available in the hospital. Therefore, Sub Inspector Suresh Kumar came to Bus Stand Narnaul and recorded the statement Ex.PW2/A of Constable Balwan Singh who had witnessed the accident. Balwan Singh stated that he was on duty at the bus stand and at about 1:00 p.m. was present at the outer entry gate. The home guard on duty with him, namely Babu Lal, had gone towards enquiry office. In the meantime, bus bearing registration No.RJ-02P-1028 came from inside the bus stand towards the outer entry gate. It was being driven at a very high speed and in a negligent manner and resultantly it hit an unknown person who was entering the bus stand. After causing the accident, the driver fled away with his vehicle. The injured-victim was sent to the hospital with Babu Lal, Home Guard and some other persons in a private vehicle. The passbook recovered from the person of the injured was handed over to Sub Inspector Suresh Kumar when he recorded the statement of Constable Balwan Singh. On the basis of the said statement, First Information Report No.282 dated 12.11.1999 under Sections 279 and 304-A I.P.C. was registered against the petitioner. Site-plan of the site of accident was prepared by the Investigation Officer. On 12.11.1999 after receiving information regarding death of the injured, Investigation Officer reached the hospital where Dr. Balvinder Pal and Ram Avtar disclosed the name of deceased as Om Parkash son of Inderpal, resident of Rewari. Postmortem examination of the dead body was conducted. During investigation, the offending bus was taken into possession vide memo Ex.PW2/C The petitioner was arrested and on completion of investigation and other formalities was sent to the Court for trial.
(3.) The petitioner was charge-sheeted under Sections 279 and 304-A I.P.C., to which he pleaded not guilty and claimed trial. The prosecution examined PW1 Balram Inspector Roadways, PW2 Balwan Singh Head Constable, PW3 Balvinder Pal, PW4 Ram Avtar, PW5 Dr. Anil Mathur and PW6 Abhimanyu Sub Inspector. After closure of evidence of the prosecution, statement of the petitioner under Section 313 of the Code of Criminal Procedure (for short "Cr.P.C.") was recorded by putting to him the incriminating evidence available on record, which he denied and pleaded false implication. Analyzing the evidence available on record and the submissions made by learned Public Prosecutor and learned counsel representing the petitioner, learned trial Court convicted and sentenced him as indicated above. Feeling aggrieved by the impugned judgment of conviction dated 19.10.2004 and order of sentence dated 20.10.2004 passed by learned trial court, the petitioner preferred an appeal which was dismissed by learned Sessions Judge, Narnaul vide judgment dated 19.09.2007. Still unsatisfied, the petitioner has preferred the instant criminal revision.;