MUKESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER has sought reversal of judgment dated 23.6.2003 of trial Magistrate, whereby he has been convicted of offences, under Sections 279 and 304A IPC and sentenced to undergo imprisonment for one year and to pay a fine of Rs.10,000/ -; in default of payment of fine, to undergo imprisonment for a further period for six months, for offence, under Section 304A IPC and no separate sentence has been awarded for offence, under Section 279 IPC, as also the judgment, dated 11.8.2004, whereby his appeal against the aforesaid judgment of trial Magistrate, has been dismissed.

(2.) A report was lodged at Police Station, Aut (District Mandi), on 11.5.1998, on the basis of statement Ext. PW2/A, under Section 154 Code of Criminal Procedure, made by PW -2 Rajnish Kumar. As per statement Ext. PW2/A, on 11.5.1998, round 5.15 p.m., when the maker of statement was sitting on a bench, outside his shop at Panarsa, a white coloured Ambassador Car, bearing registration No. DLIY -4271 appeared from Manali side, at a very fast speed, and after hitting a girl, who was walking on kutcha portion of the road, fled towards Mandi side. The girl was rushed to hospital, where she died on the same day. Police, on the basis of number of the car got recorded by PW -2 Rajnish Kumar in his statement Ext. PW2/A, came to know that it belonged to the wife of PW -10 Panna Lal. Car was taken into possession on 13.5.1998. PW -10 Panna Lal told the police that present revision Petitioner was employed by him, on behalf of his wife, as driver, for driving the aforesaid car. Petitioner was challaned. He was tried for offences, under Section 279 and 304A IPC, when he pleaded not guilty, after the substance of accusation was put to him.

(3.) REVISION Petitioner denied, in his statement, under Section 313 Code of Criminal Procedure, that his car passed through Panarsa area, on the relevant date and caused the accident.