UMA SHANKAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. Bhipinder Ahuja, learned vice counsel for the petitioner and Mr. R.M. Bisht, learned Assistant Advocate General, for the State.

(2.) The matter relates to an incident, which took place in 1994, involving the death of a child of about five and half years old. The case was registered under Section 279 and 304-A of the Indian Penal Code. The petitioner was found guilty and he was accordingly convicted under aforesaid Sections of law sentencing him to pay a fine of Rs. 1,000/- under Section 279 of the Indian Penal Code and also to undergo simple imprisonment for two years under Section 304-A of the Indian Penal Code. When this matter was taken up for hearing on 19th April, 2002. learned counsel representing the petitioner submitted that he was unable to make submissions on merits and instead he would appeal to the Court to consider this petition on humanitarian Grounds. On that day, I was of the view that it would be just to allow little more time to enable the learned counsel for the petitioner as well as learned Assistant Advocate General to give ve thought to the matter, so that they would be able to render useful assistance to the Court before final orders are passed.

(3.) In the nutshell, the prosecution story is that on 4th June, 1994. at about 1.15 p.m. when the petitioner was driving bus No. DBP-833 on the public Highway at village Swahan, a small child, namely, Hari Chand aged about five and half years was run over, due to rash and negligent driving of the petitioner. The said child died on the spot. The case was registered under Sections 279 and 304-A of the Indian Penal Code and investigation was carried out. charge-sheet was framed and the petitioner was put on trial. The petitioner pleaded not guilty to the charge. The prosecution examined as many as seven witnesses. Statement of the petitioner was also recorded under Section 313 of the Code of Criminal Procedure. After hearing the parties and on consideration of the evidence recorded in the present case, the Court of Judicial Magistrate Ist Class at Bilaspur came to the conclusion that the prosecution had proved the case beyond doubt. Accordingly, the petitioner was convicted under the aforesaid Sections of law and sentenced him to pay a fine of Rs. 1,000/- under Section 279 of the Indian Penal Code and also to undergo sentence of simple imprisonment for two years under Section 304-A of the Indian Penal Code.