(1.) ACCUSED -petitioner Chuni Lal stands convicted for having committed offences punishable under Sections 279 and 304-A of the Indian Penal Code, 1860 by the Court of Judicial Magistrate 1st Class, Hamirpur, vide judgment dated 11.8.2005, passed in Police Challan No.87-II-2001, titled as State of Himachal Pradesh versus Chuni Lal. He has been sentenced to undergo simple imprisonment for a period of three months and pay fine of Rs.500/- in relation to offence punishable under Section 279 of the Indian Penal Code, and undergo simple imprisonment for a period of six months and pay fine of Rs.1,000/-, in relation to offence punishable under Section 304-A of the Indian Penal Code. In default of payment of fine, to further undergo simple imprisonment for a period of one month in relation to both the offences. Such findings of fact, judgment of conviction and sentence, stand affirmed by the Court of Presiding Officer, Fast Track Court, Hamirpur, in terms of judgment dated 13.3.2007, passed in Criminal Appeal No.18 of 2005, titled as Chuni Lal versus State of H.P., filed by the petitioner-accused. Hence, the present revision petition under Section 397 of the Code of Criminal Procedure, 1973.
(2.) ON 16.9.2001, FIR No.119/2001 (Ex. PW-3/G), under Sections 279 and 304-A of the Indian Penal Code, was registered at Police Station Bhoranj, District Hamirpur, Himachal Pradesh, against the petitioner alleging that on the said date he was driving Bus No. HP-47-0358, on a Highway, in a rash and negligent manner, which resulted into an accident and death of one Shri Jagar Nath. The matter was investigated. Challan was presented in the Court.
(3.) IN order to establish its case, prosecution examined as many as eight witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded.