INDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER has sought reversal of judgment of his conviction and sentence for offences under Sections 279, 337, 338 and 304A IPC. Petitioner was tried for the aforesaid offences by a Judicial Magistrate and was held guilty of all the aforesaid offences. He was sentenced to undergo simple imprisonment for three months and to pay fine of Rs.1000/ -, for offence under Section 279 IPC, to undergo simple imprisonment for three months and to pay fine of Rs.500/ -, for offence under Section 337 IPC, to undergo simple imprisonment for four months and to pay fine of Rs.1000/ -, for offence under Section 338 IPC, and to further undergo simple imprisonment for six months and to pay fine of Rs.1000/ - for offence under Section 304A IPC. Appeal filed by the petitioner, against the judgment of learned Judicial Magistrate in the Court of Sessions Judge, has been dismissed.

(2.) PETITIONER was employed as driver on a private bus. On 9.9.1998, when the bus was going from Shimla to Sarahan, it met with an accident at a place called Bagthal, near Oddi. Several passengers died and several others sustained grievous and simple injuries. Matter was reported to the police. Police visited the spot, prepared the site plan and recorded statement of one of the injured passengers, namely PW -3 Hiru Ram, under Section 154 Cr.P.C. Mechanical test of the bus was conducted by PW -9 Gian Chand, who found no mechanical defect.

(3.) PETITIONER did not deny that he was driving the bus. He also did not deny that the bus rolled down the road and fell very deep towards valley side. He, however, pleaded that accident took place because of sudden breaking of tie rod end, on account of which steering went free. Two courts below have not found favour with the petitioner's plea and convicted and sentenced him, on the basis of testimony of PW -7 Satish Kumar and PW -8 Pratap Chand as also the statement of PW -9 Gian Chand Motor Mechanic.