POONAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present revision is preferred assailing the judgment and order dated 18.12.2012, passed by Chief Judicial Magistrate, Almora, in Criminal Case No. 681 of 2012, whereby revisionist was held guilty for the offences punishable under Sections 279, 304-A IPC and was sentenced to undergo simple imprisonment for a period one month and to pay fine of Rs. 500/- and in default, in making payment of fine, to undergo additional 15 days' simple imprisonment for the offence punishable under Section 279 IPC; to undergo simple imprisonment for a period of one year and to pay fine of Rs. 2,000/- and in default, in making payment of fine, to undergo additional simple imprisonment for one month for the offence punishable under Section 304-A; with the stipulation that both the sentences shall run concurrently and judgment dated 07.06.2013, passed by learned Sessions Judge, Almora, whereby appeal filed by the accused/revisionist herein was dismissed.

(2.) As per the prosecution story, PW2 Gopal Dutt Joshi lodged a report (Ext.A1) on 04.07.1994 at Police Station Kotwali, Almora, stating therein that his father Bala Dutt Joshi was going from the side of Syalidhar to the Base Hospital, Almora along with Jai Ballabh Kandpal; near Law Faculty, a Maruti Van bearing no. UP01 1176 came in a high speed and hit Shri Bala Dutt Joshi from behind; Bala Dutt Joshi was rushed to the hospital, wherein he succumbed to his injuries sustained in the motor accident.

(3.) To prove the prosecution story Suresh Chandra Suyal (PW1), Gopal Dutt Joshi (PW2), Jai Ballabh Kandpal (PW3), SI Elam Chandra Verma (PW4), M.C. Joshi (PW5) were produced.