VIJAY RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment and order dtd. 31/5/2013 passed by the learned Additional Sessions Judge, Ranikhet, District 'Almora in Criminal Appeal No. 11 of 2009 'Vijay Ram Vs. State of Uttaraskhand', whereby, the learned Additional Sessions Judge, Ranikhet affirmed the judgment and order dtd. 25/3/2009 passed by the learned Judicial Magistrate Ranikhet in Criminal Case No. 820 of 2001 'State Vs. Vijay Ram', whereby, the revisionist-accused was convicted under Ss. 279, 337, 338 and 304-A IPC and was sentenced Rs.500.00 as fine in each of the offence under Sec. 279, 337, 388 IPC and two years rigorous imprisonment under Sec. 304-A IPC and fine of Rs.500.00 with default stipulation that if the fine is not paid, will have to undergo 4 months additional simple imprisonment.

(2.) As per the case of the prosecution, a first information report was lodged against the revisionist-accused in Police Station"Ranikhet by informant Bharat Bhushan S/o Dol Singh (PW-1) with the allegations that the informant was the resident of Village"Sauni (Devlikhet); according to informant he boarded the bus no. U.P. 02B-7025 of KMOU for going to his village; there were 42-45 other passengers including Shri Pramod Kumar S/o Nandan Ram, R/o Lakhanpur Ramnagar and Shri Lalit Mohan Papne S/o Amba Dutt Papne, R/o Sauni, Talla Dabar; when this bus reached near Village - Timila Diggi at around 2:00 PM the driver of the bus Vijay Ram S/o Madhoram, R/o Village"Chapar, Post Office-Betalghat, Tehsil"Betalghat, District"Nainital, presently residing near Normal School, Ramnagar, while driving the bus very rash and negligently plunged it into a 60-70 feet deep ravine. In this accident 35 passengers were got injured and 07 passengers were died on the spot. One of the passengers was reported to have died while being taken to the hospital. On the aforesaid first information report (Ex.Ka-1), the chick first information report (Ext. Ka-11) at 19:10 hours, registered in Police Station"Ranikhet as Case Crime No. 01 of 2001 under Ss. 279, 337, 338 and 304-A IPC against the revisionist-accused.

(3.) After investigation the charge-sheet was submitted against the revisionist-accused and the cognizance was taken by the learned Judicial Magistrate Ranikhet on 24/12/2001 and a Criminal Case No. 820 of 2001 'State Vs. Vijay Ram' was directed to be registered.