KANWALJIT SINGH AHLUWALIA,J. - (1.) ROHTASH Kumar son of Sardar Singh was convicted and sentenced by the Court of learned Chief Judicial Magistrate, Hisar under Section 304-A IPC to undergo rigorous imprisonment for one and a half years and a fine of Rs. 2,000/-, in default whereof to further undergo rigorous imprisonment for six months. He was also sentenced under Section 279 IPC to undergo rigorous imprisonment for three months. Both the sentences were ordered to run concurrently. Aggrieved against the same, petitioner filed an appeal and the same was dismissed by the Court of learned Additional Sessions Judge, Hisar.
(2.) THE petitioner was tried in case FIR No. 95 dated 14.4.1996 registered at Police Station City Hisar under Sections 304-A, 279, 337, and 338 IPC. Complainant Subhash Kumar met the Investigating Officer, who was investigating the case FIR No. 93 of 1986 under Section 379 IPC near Nagori Gate, Hisar and reported that on 14.4.1986 at about 9.15 P.M. when complainant was going to his house after closing his shop near United Commercial Bank, he saw that Muni Surat Dass and his wife were going on a scooter No. HRT-8550 towards their residence, then at that time, a truck bearing No. HRT-7734 in a very rash and negligent manner came from Jain Chowk and struck against the scooter of Muni Surat Dass, due to which both of them fell on the road. It is stated that Muni Surat Dass died at the spot, whereas his wife Ravi Kanta was taken to Civil Hospital. It is stated that accident took place due to rash and negligent driving of truck and after parking the truck the driver ran away from the spot.
(3.) THE F.I.R. was investigated and it was found that the petitioner was driver of the offending truck. Report under Section 173 Cr.P.C. was submitted. Petitioner was charged for the offences to which he pleaded not guilty and claimed trial. Subhash Kumar, complainant, appeared as PW.4.;