Negligent driving resulting in death is a criminal offense which, if substantiated by eyewitness testimonies and medical reports, warrants conviction despite defense claims regarding identification and causal links to a victim's death.

JUDGMENT :

Vinod S. Bhardwaj, J.

The present petition raises a challenge to the judgement dated 07.08.2025 passed by the Additional Sessions Judge, Hisar as well as to the judgement and order dated 12.02.2020 passed by the Judicial Magistrate 1st Class, Hisar in case bearing FIR No. 258 dated 18.11.2016 registered under Sections 279 , 337, 304-A, 427 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ') and Sections 181 , 192 of the Motor Vehicles Act, 1988 registered at Police Station Adampur, District Hisar whereby the petitioner was convicted for the commission of the aforesaid offences and was sentenced as under:

2. Briefly stated, the case of the prosecution and the sequence of events leading to the filing of the present petition are that on 17.11.2016, the Police Control Room, Hisar, received information regarding the admission of one Balbir, son of Munshi Ram, to AMC Hospital, Hisar, on account of injuries sustained in a roadside accident. On the following day, i.e., 18.11.2016, Sub-Inspector Phool Kumar visited AMC Hospital and collected the Medico-Legal Report (MLR) and rukka from the attending doctor, who declared the injured unfit to make a statement.

3. At the hospital, Satish, son of the injured Balbir, recorded his statement, stating that his father earned his livelihood by operating a pushcart (rehri) at Kabrel bus stand, where Satish used to assist him after school hours. On 17.11.2016, around 7:30 P.M., Balbir had gone near the shop (khokha) of Vikas, son of Satbir, to relieve himself, while Satish remained at the pushcart. In the meantime, a vehicle bearing registration number HR 44 E 0207, driven rashly and negligently from the direction of Dobhi, struck Balbir, causing him multiple grievous injuries. The said vehicle further rammed into Vikas's khokha. Satish and Vikas rushed to the spot, but the driver fled, abandoning the vehicle. Later, Satish came to know that the driver was Sanjay, son of Phool Singh. It was alleged that Sanjay, by his rash and negligent driving, caused injuries to Balbir and damage to Vikas's khokha. Satish accordingly sought legal action.

4. During investigation, the police prepared the site plan, recorded the statements of witnesses, and arrested the accused. In the meantime, Balbir succumbed to the injuries sustained in the accident, whereupon Section 304-A IPC was added. As the accused failed to produce the Registration Certificate of the offending vehicle and his driving licence, Sections 181 and 192 of the Motor Vehicles Act were also invoked. Upon conclusion of investigation, challan was presented before the Court by the SHO, Police Station Adampur.

5. The petitioner was convicted and sentenced as stated above for the commission of the aforesaid offences vide order dated 12.02.2020 passed by the Judicial Magistrate 1st Class, Hisar.

6. Aggrieved of the aforesaid judgement of conviction and order of sentence, the petitioner preferred an appeal before the Court of Additional Sessions judge, Hisar bearing Criminal Appeal No. CRA/133/2020. After hearing learned counsel representing the respective parties, the Sessions Judge recorded as under:

'12. I have carefully perused and scrutinized the evidence of prosecution. From the above evidence of the prosecution, it is clear that pros