RAM SARUP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner challenges his conviction by the two Courts below for offences under 0 and 304-A I.P.C.

(2.) The prosecution case is that the petitioner herein, who was driving bus bearing No. HP-19-7216 of Saini Coach Service which was coming from the Una side and being driven in a rash and negligent manner, struck the deceased Gurdass Ram, who was knocked down. The injured sustained grievous injuries and died on the spot. F.I.R. Ext.PW6/A was registered with Police Station, Amb.

(3.) On the evidence on record, the learned trial Court convicted the accused for offences as charged. Twelve witnesses were examined by the prosecution to establish its case. PW1 Yudhbir Singh was standing with the deceased along with Pritam Chand at Tatehra Bus Stand at the time when the accident was reported. The statement Ext.PA forms the basis of the First Information Report. He has described that at that time the petitioner, who was driving the vehicle in a rash and negligent manner, struck against Gurdass Ram, who fell down and died as a result of the injuries. PW3 Pritam Dass was standing with the deceased. He states that on the day of occurrence, bus No. H.P.19-7219 which was involved in the accident and being driven in a rash and negligent speed, struck against Gurdass Ram. Though, he did not identify the driver and was declared hostile and subjected to lengthy cross-examination but nothing material has transpired there from to detract from the fact that the deceased was knocked down by the speeding bus.