RAJENDRA PRASAD Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This revi­sion is directed against the judgment and order dated 25.4.2001, passed by Sessions Judge, Chamoli, in Criminal Appeal No. 20 of 1998, whereby said Court has affirmed the conviction and sentence recorded by the Trial Court (Chief Judicial Magistrate, Chamoli) in respect of offence punishable under sections 279 and 304-A of I.P.C. against the revisionist.

(2.) HEARD learned Counsel for the par­ties and perused the Lower Court record.

(3.) ADMITTEDLY , the accident had taken place in the present case. It is also not dis­puted by the revisionist that he was driv­ing vehicle registration No. DNH 2614. It is also not disputed that two persons in the vehicle driven by him, died. Revisionist's case is that he was not rash and negligent in driving the vehicle, but there is sufficient evidence adduced by P.W. 2 Pratap Singh, driver of the Border Roads Organization vehicle registration No. 92E 59383. He has stated that the accused / revisionist was driving rashly and negligently the vehicle No. DNH 2614. This witness has further told that when he saw the vehicle being driven rashly and negligently by the ac­cused / revisionist, he stopped his vehicle (Border Roads Organization vehicle) and on standing vehicle the accused / revision­ist dashed Maruti car registration No. DNH 2614. The photographs of the site of the accident which are proved by P.W. 5 Ishwar Singh clearly show that the Border Roads Organization vehicle was on left side of the road, and the accused had got dashed his vehicle by taking the vehicle to the wrong side (right side).