The main legal point established in the judgment is the reliance on eyewitness testimony, medical reports, and the circumstances of the case to prove rash and negligent driving under the relevant provisions of the Indian Penal Code.

JUDGMENT

Jasjit Singh Bedi, J. - The present revision petition has been filed against the order dated 15.12.2021 passed by the learned Additional Sessions Judge, Jhajjar vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 29.11.2018 and 30.11.2018 passed by Sub-Divisional Judicial Magistrate, Bahadurgarh, has been dismissed.

2. Briefly, the present case was got lodged on the statement of Sunil Kumar son of Rajpal to the effect that on 22.12.2013, he was coming from Bahadurgarh to his village Chhara in his vehicle bearing registration No.HR-13E-8500 make Mahindra Logan. One motor cycle CD Delux bearing registration No.HR-13E-5867 was going in front of his vehicle near Rewari Kheda Turn, which was driven by his co-villager Vicky and Dinesh was the pillion rider. At about 3.30 PM, when they reached on Rewari Kheda Mod, an Eicher Canter being driven in a rash and negligent manner by its driver came from the side of Bahadurgarh without blowing the horn or giving an indicator and hit the motor cycle from the back. Due to this, Dinesh and Vicky fell down on the road along with the motor cycle and sustained multiple injuries. The registration number of the offending vehicle was HR-63B-4119 and the driver disclosed his name as Bijender son of Jagbir Singh. Many people gathered on the spot and when he was holding Dinesh and Vicky the driver of the Canter fled away from there. Thereafter, he took Dinesh to GH Jhajjar, where he was declared dead by the doctor and Vicky was taken to PGIMS, Rohtak by his family members. The said accident took place due to the rash and negligent driving of the driver of the offending canter, Hence, legal action may be taken against him.

3. On the basis of above facts, FIR No.642 dated 22.12.2013 under Section 279, 337 and 304-A IPC P.S. Sadar Bahadurgarh was lodged. After registration of the case, investigation was set into moti on and after collecting sufficient evidence, the accused was arrested. After completion of the investigation, challan was prepared and presented before the Court, copy of which was supplied to the accused free of costs as envisaged under Section 207 Cr.PC.

4. After having heard the accused on charge, the then learned JMIC, Bahadurgarh, found a prima facie case punishable under Sections 279, 337, 338 and 304-A of IPC made out against the accused and he was charge sheeted accordingly, to which he pleaded not guilty and claimed trial.

5. In order to prove its case the prosecution examined as many as ten witnesses.

PW-1 : Pawan son of Sultan Singh, identified the dead body of deceased Dinesh.

PW-2 : Sunil Kumar (complainant) proved the contents of his complaint Ex.PW-2/A

PW-3 : Vikas @ Vicky (eye witness), witnessed the accident and supported the version of the complainant and proved the memo Ex.PW-3/A vide which motor cycle, registration certificate, photocopy of admission card and discharge card and his driving licence were taken into police possession.

PW-4 : SI Ramesh Kumar, (investigating Officer) proved the complaint Ex.PW-2/A, tehrir Ex.PW-4/A, FIR Ex.PW-4/B, endorsement on tehrir Ex.PW-4/C, death report of deceased Dinesh Ex.PW-4/D, site plan Ex.PW-4/E, recovery memo of offending canter Ex.PW-4/F, photographs of place of occurrence and offending vehicle Ex.PW-4/G to Ex.PW-4/J, memo vide which driving licence of accused and insurance papers of offender canter were taken into possession Ex.PW-4/K.

PW-5 : Dr. Sameer Minocha, tender his affidavit Ex.PW-5/A and proved the copy of postmortem report of deceased Dinesh as Ex.PW-5/B.

PW-6 : Ramphal, brought the summoned record and proved the medical file Ex.PW-6/A of injured Vikas.

PW-7 : EHC Raj pal, proved the recovery memo of papers of the motor cycle and driving licence of injured as Ex.PW-4/C and recovery memo of offending canter Ex.PW-4/F.

PW-8 : EASI Bal Kishan, proved the mechanical examination report of motor cycle as Ex.PW-8/B and of canter bearing No.Ex.PW-8/A.

PW-9 : Narender Sin