JAI PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 19.4.1996 passed by the Sessions Judge, Gurgaon whereby the conviction and sentence of the petitioner for the offences under sections 279/304 -A of the Indian Penal Code recorded by Judicial Magistrate, Gurgaon by his judgment and order dated 14.3.1995/15.3.1995 have been confirmed. The petitioner has been sentenced to undergo rigorous imprisonment for a period of three months for the offence under section 279 IPC and also to undergo imprisonment for a period of one year for the offence under section 304 -A IPC. Both sentences have been ordered to run concurrently.

(2.) THE facts necessary for the disposal of this revision are that on 10.12.1988 the petitioner was proceeding on Delhi -Jaipur road while driving Haryana Roadways bus No. HNM -121. When he reached near Bilaspur Chowk he tried to overtake a Liquid Petroleum Gas tanker No. DIG 6573 going ahead without caring for the on -coming traffic. As a result of his rash and negligent driving the bus had head -on collusion with truck No. HYU -7751 coming from the opposite direction, which overturned resulting into death of six of his inmates. The matter was reported to the police by the conductor employed on the said gas tanker. After completing the investigation, a charge -sheet in respect of the said offences was submitted to the court against the petitioner. The charge for the said offence was framed against the petitioner to which he pleaded not guilty and claimed trial. In support of its case, the prosecution examined seven witnesses. Statement of the petitioner was recorded under section 313 of the Code of Criminal Procedure (for short the Code) wherein he denied the allegations of the prosecution and pleaded false implication.

(3.) ON an appraisal of the prosecution evidence, the Judicial Magistrate, Gurgaon found the accused guilty and convicted and sentenced him as stated above. The appeal of the petitioner against his conviction and sentence did not find favour with the Sessions Judge and the same was dismissed by the impugned judgment. The petitioner has approached this Court under section 401 of the Code.