BHASHKARA NAND Vs. STATE OF UTTARANCHAL AND ANOTHER

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 26.08.2002 rendered by Sessions Judge, Chamoli in criminal appeal no. 16 of 1999 titled as Bhashkara Nand Vs. State. In the said judgment, learned Sessions Judge affirmed the judgment and order dated 26.10.1999 passed by Chief Judicial Magistrate, Chamoli-Gopeshwar in criminal case no. 519 of 1998 titled as State of U.P. Vs. Bhashkara Nand. Accused revisionist was tried by the learned Magistrate for the offence under Section 279, 337, 338, 427 IPC pertaining to Police Station Ukhimath, District Rudraprayag, crime no. 24 of 1998.

(2.) Accused Bhashkara Nand on the fateful day i.e. on 23.04.1998 was plying a bus bearing no. UP 05 0411 from Rudraprayag to Makkoo. At about 02.30 p.m. the bus was turned over due to rash and negligent driving of accused revisionist. Due to the accident, passengers who were travelling by the said vehicle, became injured and the bus driver escaped from the spot. A number of passengers were admitted to the local hospital and a case was registered against the driver. After submission of charge sheet by the police, the case was tried by the learned Magistrate.

(3.) This Court has gone through the judgment of court below, which manifests a vital and elaborate discussion regarding testimony of fact witnesses, who were passengers too in the said bus. They all have deposed that accused revisionist was driving the bus rashly and negligently, as to cause this accident. Tape recorder of the bus was also on at the time of plying the same. Revisionist was persuaded by passengers to keep the speed of vehicle in control but he did not listen to them. This all caused accident making a number of passengers seriously injured besides, the damage to the bus which was property of the informant.