DASHRATH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision, preferred by the revisionist u/s 397/401 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 12.08.2011 passed by the Chief Judicial Magistrate, Tehri Garhwal, in Criminal Case No.526 of 2010, whereby the learned Magistrate convicted the revisionist under Section 279 IPC and sentenced him to six months' R.I. with fine of Rs.500/-; he was further convicted under Section 304-A IPC and sentenced to undergo two years' R.I. with fine of Rs.1,000/-. The revisionist has also challenged the judgment dated 10.07.2012 passed by learned Sessions Judge, Tehri Garhwal in Criminal Appeal No.39 of 2011, Dashrath Singh v. State, whereby the learned Sessions Judge dismissed the appeal and affirmed the order passed by the Lower Court.

(2.) Brief facts of the case are that a written report was submitted by PW1 Amit Kumar to S.O. Ghansali with the allegation that on 31.12.2009 at about 02:45 p.m., a bus, bearing No.DL-IPA-5617 going towards Ghuttu, whose driver, while driving the bus rashly and negligently, dashed his son, due to which his son died at the spot. On the basis of the said written information, FIR was lodged; inquest report was prepared; and the vehicle was got technically examined. The Investigating Officer prepared the site plan, recorded the statements of witnesses, and a charge-sheet was submitted against the revisionist.

(3.) The prosecution produced PW1 Amit Kumar, PW2 Keshav Lal, PW3 Mohan Lal, PW4 Mohan Singh Bisht, PW5 Rupesh Kumar, PW6 Madan Singh Bisht and PW7 Dr. Sanjay Kandwal.