VIRENDRA KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment and order dtd. 25/11/2013 passed by the learned Sessions Judge, Tehri Garhwal in Criminal Appeal No. 63 of 2012, Virendra Kumar and another Vs. State of Uttarakhand, whereby, the learned Sessions Judge Tehri Garhwal affirmed the judgment and order dtd. 26/10/2012 passed by the learned Judicial Magistrate/Civil Judge (Senior Division), Tehri Garhwal in Criminal Case No. 190 of 2012, State Vs. Virendra Kumar and another, whereby, the revisionists-accused were convicted under Ss. 279, 304-A IPC and were sentenced under Sec. 279 IPC for a term of three months' simple imprisonment and a fine of Rs.1000.00 each, with default stipulation of 15 days' additional simple imprisonment; two years' simple imprisonment under Sec. 304-A IPC and a fine of Rs.1000.00 each, with default stipulation of 15 days' additional simple imprisonment.

(2.) As per the case of the prosecution a Tehrir (Ext.A1) was given to Incharge, Police Outpost Pipaldali, Police Station New Tehri, District Tehri Garhwal against the driver and conductor (the present revisionists-accused), by informant-Dinesh Lal S/o Babu Ram (PW-3) with the allegations that on 3/8/2009 he alongwith his sister-in-law Vimla Devi @ Pingla Devi W/o Shri Ram Lal, R/o Village Rangeli, Badoliya, Patti Khas, District Tehri Garhwal boarded a Roadways bus No. UK-07-PA-0403 to Cholgaon Hospital; the aforesaid bus was being driven by its driver very rashly and negligently. When it reached near Government Primary School Cholgaon at about 09:45AM, due to jerk, door of the bus was opened and his sister-in-law fell out of the bus and came under the rear wheels of the bus and her head was crushed, and she died on the spot. On the aforesaid tehrir, the chick first information report (Ext. A7) on 3/8/2009 at 13:05 hours, was lodged in Police Outpost Pipaldali, Police Station New Tehri and a Case Crime No. 1428 of 2009 under Ss. 279, 304-A IPC was registered against the driver and conductor of the aforesaid bus i.e. present revisionists- accused. The inquest report (Ext.A10) was prepared on 3/8/2009, post-mortem (Ext. A3) was conducted on 03.30 p.m. and the cause of death was shown as asphyxia and hemorrhage.

(3.) After investigation the charge-sheet was submitted against the revisionists-accused and the cognizance was taken by the learned Judicial Magistrate Tehri Garhwal on 20/11/2009 and a Criminal Case No. 1365 of 2009 (New No. 190 of 2012), State Vs. Virendra Kumar and another was directed to be registered and revisionists-accused were summoned to face the trial.