LAWS(HPH)-2010-11-39

MUNSHI RAM Vs. STATE OF H P

Decided On November 09, 2010
MUNSHI RAM Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Revision petitioner is aggrieved by the judgment dated 8th April, 2010 of learned Sessions Court, whereby, accepting the appeal of State of Himachal Pradesh for enhancement of punishment, revision petitioner has been sentenced to undergo imprisonment for six months and fine of Rs. 1,000/- for offence, under Section 304-A of the Indian Penal Code, sentence of three months imprisonment and fine of Rs. 500/- for offence, under Section 279 of the Indian Penal Code, and sentence of 15 days imprisonment for each of the offences, under Sections 337 and 338 of the Indian Penal Code, though the trial Court had imposed the sentence of fine only, in respect of all the aforesaid offences.

(2.) Admitted facts are that the revision petitioner was On 18th July, engaged as a driver on Bus No.HP-17-4377. Whether reporters of the local papers may be allowed to see the judgment? 1999 at 7.30 p.m., when he was driving the said bus, near Community Health Centre, Shillai, an accident took place, in which 21 passengers on board the bus died, while several others, including the revision petitioner himself, sustained grievous and simple injuries. Cause of accident was alleged to be rash or negligent driving of the bus by the revision petitioner.

(3.) Police, after investigating the matter, filed report, under Section 173 of the Code of Criminal Procedure, in the Court of the concerned Judicial Magistrate, who, after trying the revision petitioner, for offences under Sections 279, 337, 338 and 304-A of the Indian Penal Code, held him guilty and sentenced him to undergo imprisonment for six months for offence, under Section 304-A of the Indian Penal Code, three imprisonment for offence, under Section 279 of the Indian Penal Code.No sentence was awarded for the other two offences, under Sections 337 and 338 of the Indian Penal Code. Aforesaid order of conviction and sentence was passed by the trial Magistrate on 21st May, 2004.