JASWANT SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner against the judgment and sentence of the learned Additional Chief Judicial Magistrate-(II), Kangra, as affirmed by the learned Additional Sessions Judge-(II), Kangra at Dharamshala, sentencing the petitioner to undergo simple imprisonment for a period of six months under Section 304-A of the Indian Penal Code and to pay a fine of Rs.500/-, in default of payment of fine to suffer further simple imprisonment for a period of one month. The petitioner was charged for offences under Sections 279, 338 and 304-A of the Indian Penal Code but sentenced only under Section 304- A of the Indian Penal Code.

(2.) The prosecution case is that on 28.1.1996, the petitioner was deputed to drive bus of the Himachal Road Transport Corporation from Jogindernagar to Chandigarh. At around 10.00/10.30 A.M., when the bus just entered Kangra Bus Stand when he ran over one Biru alias Bir Chand, resident of village Kohala, who was shifted to SDH Kangra from where he was rushed to Zonal Hospital, Dharamshala. Pursuant to injuries sustained to him he died at Dharamshala.

(3.) The petitioner denied the charges leveled against him and claimed trial. In order to establish its case, the prosecution examined PW-1 Sikander Singh, PW-2 Dr.S.B. Sood, PW-3 Satish Kumar, PW-4 Tara Singh, PW-5 Mohinder Singh, PW-6 Dr.D.P. Swami, PW-7 Karam Singh, PW-8 Prem Singh, PW-9 C.Virender Kumar, PW-10 Kuldip Kumar and PW-11 H.C. Onkar Singh.