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2008 Supreme(P&H) 573

KANWALJIT SINGH AHLUWALIA
Mazid – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For Petitioner:Mr. Pawan Girdhar, Advocate.
For the State :Mr. Manmohan Sikka, Assistant Advocate General, Haryana.

JUDGMENT

Kanwaljit Singh Ahluwalia, J

1. Mazid son of Badal was named as accused in case FIR No. 131 dated 11.04.1988 registered at Police Station Sadar Palwal under Section 279/304-A IPC. It was stated by the complainant Lala Ram that he is resident of village Gudrana and do labour work. On the day of occurrence, he along with Dalip son of Kishan was going towards jungal and at about 7.45 a.m., he saw Narain Singh, who was taking his cattle for drinking water. Meanwhile, Sita Ram and Ram Chand also came. At that moment, offending truck No.DLL-7295 came in a rash and negligent manner from the side of village Sarai and due to the high speed, driver of the truck lost control and truck hit Narain Singh and Narain Singh came under the front wheel of the driver side of the truck. It is stated that Narain Singh died at the spot instantaneously. It is further stated that buffalo of Narain Singh also received injuries. On the statement of Ex.P-1 of Lala Ram, case was registered. Truck was also taken in possession vide recovery memo Ex.P-2. Lala Ram had appeared as PW-1 whereas other eye witnesses were Dalip PW-3 and Sita Ram PW-4. Rajinder Singh appeared as PW-2, Dr.K.C.Goel as PW-5, Dinesh






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