STATE OF HIMACHAL PRADESH Vs. MANOHAR SINGH

JUDGEMENT

(1.) The Respondent is driver of the HRTC Bus. In Police challan No. 117/2 of 1999, he was convicted for the offences punishable under Sections 279, 337, 338 and 304-A of the Indian Penal Code, for causing accident, wherein 12 passengers died on the spot, 2 succumbed to their injuries later and few others sustained simple as well grievous injuries, thus, he was sentenced by the learned trial Court as under: <FRM>JUDGEMENT_3402_CRLJ_2011_1.html</FRM>

(2.) Respondent herein, preferred Cr. Appeal No. 15-S/10 of 2003/01 against his conviction and sentence in the Court of Sessions, which came to be decided by the learned Additional Sessions Judge (Fast Track Court), Shimla, whereby his conviction and sentence aforesaid were set-aside, consequently acquitted vide its judgment dated 27.2.2004, which has been challenged by the State in the present appeal.

(3.) Respondent faced the trial on the allegation that on 9.6.1999, he was the driver of HRTC Bus bearing registration No. HP-10-0326. On that very day, it was enroute to Rohru via Sansog and was full of passengers. At about 7.30 a.m., it went off the road down into a Nallah, while negotiating the curve, near the place known as "Nullia", falling in Police Station Jubbal.