JUDGMENT :

Jasjit Singh Bedi, J.(Oral)

1. The present revision petition has been filed impugning the judgment dated 22.12.2007 passed by Sessions Judge, Karnal whereby the appeal filed against the judgment of conviction and order of sentence dated 17/22.03.2006 passed by Additional Chief Judicial Magistrate, Karnal has been dismissed.

2. The FIR in the present case came to be registered on 27.07.1999. The judgment of conviction was passed on 17/22.03.2006 by the Additional Chief Judicial Magistrate, Karnal. The Appeal filed against the order of conviction was dismissed on 22.12.2007 by the Sessions Judge, Karnal. The instant revision petition was filed on 21.01.2008 and has come up for final hearing now i.e. after a period of 25 years from the date of registration of the FIR.

3. The brief facts of the case are that on 27.7.1999 Satbir Singh (PW3) and Krishan Lal (PW5) were going on their bi-cycles from their village Dhaman Kheri to their shop. Naresh Kumar son of Gulab Ram, was also paddling his bi-cycle ahead of them. At about 8.15 a.m., when they reached near Bajaj Market, Indri, near the bridge of drain of dirty water and started going towards Garhi Birbal road, then one bus no. HR-07-9082 of Haryana Roadways, Kurukshetra came from the side of Matak Majri. The driver of the bus was driving it at a high speed and in a rash and negligent manner. It struck against the bi-cycle of Naresh Kumar. After causing the accident the driver of the bus left the bus at the spot and fled. Later on the name of the driver came to be known as Suresh Kumar son of Kailash Bhushan, resident of House No. 1439/16, Rishi Nagar, Karnal. As a result of the accident Naresh Kumar lost consciousness. Satbir Singh and Krishan Lal brought him to Govt. Hospital, Indri from where he was referred to Govt. Hospital, Karnal where he succumbed to his injuries. Head Constable Ram Parkash (PW2) received a ruqa Ex.P8 from Community Health Centre, Indri about the admission of Naresh Kumar. He reached Govt. Hospital, Karnal and obtained one ruqa Ex.PC. Satbir Singh met PW2 Head Constable Ram Parkash and he recorded his statement Ex.PD on the basis of which formal FIR Ex.PE was registered by ASI Varinder Singh. Head Constable Ram Parkash inspected the dead body and prepared inquest report Ex.PG. An application was made for post-mortem examination on the dead body of Naresh Kumar. Head Constable Ram Parkash also prepared a rough site plan Ex.Pl of the scene of occurrence. PW7 Kadam Singh photographer was called and he took the snaps of the scene of accident. Bus HR-07-9082 of Haryana Roadways alongwith the damaged bi-cycle were taken into possession vide memo Ex.P5. On 28.7.1999, Suresh Kumar driver produced the registration certificate of the bus vide memo Ex.PK. One route duty certificate was also taken from the Duty Clerk of Haryana Roadways which was seized vide memo Ex.P2. The accused was arrested. After completion of the investigation and other usual formalities, the challan was presented in the court.

4. Charge for the offences punishable under sections 279/304A of the Indian Penal Code was framed against the accused to which he pleaded not guilty and claimed trial.

5. The prosecution examined seven PWS in all namely PW1 Dr. Surinder Katyal, PW2 Ram Parkash Head Constable, PW3 Satbir Singh, PW4 Ishwar Singh, PW5 Krishan Lal, PW6 Gulaba and PW7 Kadam Singh, photographer. PW8 Head Constable Suresh Kumar and Prem Chand were given up as unnecessary.

6. In his statement under section 313 Cr.P.C. the accused pleaded false implication. However, he did not lead any evidence in his defence.

7. Based on the evidence led, the accused/petitioner came to be convicted and sentenced by the court of Additional Chief Judicial Magistrate, Karnal vide judgment and order of sentence dated 17/22.03.2006 as under:-

Both the aforesaid sentences were ordered to run concurrent