KARAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner, hereinafter referred to as the accused, stands convicted by the learned Additional Chief Judicial Magistrate, Rampur Bushahr, vide judgment dated 20.2.1999 for the offences Under Sections 279,337,338 and 304 A, Indian Penal Code, and sentenced to simple imprisonment for a period of two years and to pay a fine of Rs. 3,000/ on all the counts. In default of payment of fine, the accused has been sentenced to undergo simple imprisonment for a further period of two months.

(2.) THE conviction and sentence imposed upon the accused by the learned Magistrate stands affirmed in appeal by the learned Sessions Judge vide judgment dated 21.6.1999.

(3.) BRIEFLY , the matrix of the prosecution case may be thus stated. On 25.11.1996, the accused was the driver of Bus No. HP 06 2038 belonging to Himachal Road Transport Corporation, which was running on Kinnu Rampur route. At about 8.45 a.m. at Baltidhar the bus met with an accident. It rolled down a "Khad" resulting into the instantaneous death of 24 passengers and simple/ grievous injuries to 81 passengers. The accident came to the notice of PW 1 Kapir Chand on the basis of whose report, a case came to be registered at Police Station, Jhakri.