The appeal filed before the Sessions Judge, Bhiwani did number bring any relief to the respondent.
Therefore, the acquittal was directed.
Nine witnesses were examined to further the prosecution version.
Being hit by the bus, Kanshi Ram fell down and was removed to the hospital where he died.
It was alleged that respondent was driving the offending vehicle.
The learned Chief Judicial Magistrate, Bhiwani by order dated 18th March, 1994 found the respondent guilty of offence punishable under Sections 279 and 304A of the Indian Penal Code, 1861 hereinafter for short the IPC and sentenced to undergo RI for a period of one year and to pay a fine of Rs.1,000/ and in default to further undergo RI for a period of three months.
It is the case of the prosecution that on 13.2.1990, one Kanshi Ram hereinafter referred to as the deceased was hit by a bus belonging to Haryana Roadways while companying from the side of the Bus Stand.
PW 9 who was supposed to be an eyewitness did number support the prosecution version but placing reliance on the statement of the deceased before ASI Mahender Singh PW 8 , which was treated to be a dying declaration, the Trial Court found the accused guilty and sentenced him, as aforesaid.
Accordingly, FIR was lodged and investigation was undertaken.
As accused pleaded innocence, trial was held.
145/1995 filed by the respondent herein filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 hereinafter for short the Code .
Thereafter, as numbered above, the Revision Petition was filed which was allowed by the impugned order.
Out of them, PW 9 Narender Singh was stated to be an eyewitness.
Challenge in this appeal is to the judgment of a learned Single Judge of the Punjab Haryana High Court allowing the Criminal Revision Petition No.
ARIJIT PASAYAT, J. We have heard learned companynsel for the parties.
