RAMESH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT revision petition has been filed to seek reversal of judgment of conviction and sentence of the revision Petitioner, for offences, under Sections 279 and 304A of the Indian Penal Code, ordered by the trial Magistrate vide judgment dated 18th December, 2001 and also judgment, dated 10th September, 2004, of Sessions Court, whereby appeal of the revision Petitioner against the aforesaid judgment of the trial Magistrate has been dismissed.

(2.) CASE of the prosecution, which led to the conviction and sentence of the revision Petitioner, may be stated. On 17th February, 1995 at 4.30 p.m., revision Petitioner was in driver's seat of TATA -608 vehicle, bearing registration No. HP -33 -1673. Vehicle appeared at village Chambi from the side of village Dhanotu. A girl, aged about 10 years, named Meena, was going along that road. She was keeping to her left. Vehicle was being driven by the Petitioner in a rash or negligent manner. His vehicle hit the above -named girl, as a result of which she fell. She was rushed to the hospital by the Petitioner himself, in his aforesaid vehicle. At the hospital, the girl died.

(3.) POLICE , on completion of investigation, filed report, under Section 173 of the Code of Criminal Procedure, against the Petitioner. Substance of accusation was put to the Petitioner. He pleaded not guilty. Prosecution examined the above -named three eye -witnesses and also the doctor, who conducted postmortem, namely PW -6 Dr. B.S. Verma, to prove the case.