DEVKI NANDAN Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER has challenged his conviction and sentence, for offences under Sections 279, 337 and 304A IPC, as ordered by the trial Magistrate, vide judgment, dated 10.7.2001 and affirmed by the appellate Court, vide judgment dated 31.5.2004.

(2.) PETITIONER was driver of truck No. HP -39 -3337. On 18.10.1995, he was allegedly reversing the truck at a place called Bangrotu, on National Highway No. 21. A scooter appeared from behind. Scooter was being driven by PW -3 Rakesh Kumar. He blew horn to indicate to the Petitioner to stop his truck, because a bus was coming from the opposite direction and, therefore, the scooterist could not have turned the scooter to his right hand side. Truck, however, did not stop. Rather, Petitioner accelerated the speed, when it was in reverse gear and it hit the scooter. There was a pillion rider on the scooter. He sustained injuries, which proved fatal. Scooter driver, i.e. PW -3 Rakesh Kumar, also sustained several injuries.

(3.) PETITIONER was challaned. Substance of accusation was put to him, to which he pleaded not guilty. Prosecution examined Rakesh Kumar, scooterist, as PW -3 and one more witness, namely PW -4 Padam Singh. It also examined the investigating officer of the case, namely PW -14 Rikhi Ram, who proved site plan Ex.PW -14/B.