RAJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner challenges his conviction under Sections 279 and 304A of the Indian Penal Code for which he was sentenced to undergo simple imprisonment for four months and to pay a fine of Rs. 500/ - for offence under Section 279 I.P.C. and simple imprisonment for six months and fine of Rs. 2,000/ - for offences under Section 304A I.P.C. Both the sentence were ordered to run concurrently. This sentence has been confirmed by the learned appellate Court.

(2.) THE prosecution case in brief is that on 26.11.1991, information was received by ASI Sh. Krishan Kumar (PW8), who was on patrolling duty at bus stand Chowk, Una that an accident has occurred at a place near Ayurvedic Office. He along with other police officials rushed to the spot where Hari Kishan (PW1) told him that at around 3.30 p.m., he was standing outside the shop of Surinder Singh, Karyana Merchant and was talking to him he saw Darshan Lal along with his wife Smt. Santosh Kumari (PW3) walking on the road on their left side. A truck bearing registration No. HPA -2355 being driven by the petitioner, struck Darshan Lal with the front tyre and crossed over him and his body was jammed under the rear tyre of the truck. All these people raised a hue and cry and the truck was stopped. The injured Darshan Lal was removed to the District Hospital, Una where he was declared dead.

(3.) IN appeal this finding has been affirmed. It is urged before the learned appellate Court that there are contradictory versions on the record of the case with respect to the incident. Learned court did not accept this submission after considering the evidence of the prosecution including the fact that PW2 Surender Singh has been declared hostile.