NAVEEN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE instant revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure has been directed against the judgment dated 10.5.2007, passed by the learned Additional Session Judge in Criminal Appeal No. 37 -D/2002, whereby the appeal against the conviction and sentence passed by the learned trial Court filed by the petitioner herein was dismissed, as such, his sentence was upheld for the offences punishable under Sections 279, 337, 338 and 304 -A of the Indian Penal Code, sentencing him to undergo imprisonment under the various sections, as under: -

(2.) PRECISELY , the allegations on which the petitioner herein was tried were that he was driving the alleged offending vehicle (Tempo No. HP -40 -3713) rashly and negligently while taking pilgrims to 'Baba Deotsidh' for darshan. Around 3.30 p.m. at the place known as Dhanotu, the petitioner could not control the vehicle aforesaid which over -turned and roll down on the right side of the road, causing death of four persons, namely, Smt. Kaplo devi, Bago Devi, Meena Devi and Tara Chand, whereas Usha Devi, Joginder Singh, Panchi Ram, Sanjeev Kumar, Rattani Devi, Dhillo Devi, Bephari, Biassa Devi, Avshek, Rakesh, Pawan Kumar, Babli, Rita, Kaka, Santosh and Leela sustained simple injuries. However, Amarjit, Bimla Devi, Ramesh, Veena, Chatro Devi, Sumna Devi, Chain Singh, Manohar Lal, Ram Singh and Raksha Devi sustained grievous injuries. The police party headed by HC Madan Lal reached the spot on having received the information. They shifted the injured to the zonal hospital Dharamshala and the statement Ext. PW4/A of PW4 Bihari Lal was recorded under Section 154 of the Code of Criminal Procedure, which culminated into FIR Ext. PW11/B. 3. Police also prepared the site plan of the alleged place of incident, took into possession vehicle in question alongwith its documents and the driving licence of the petitioner -driver vide memo Ext. PW8/A. The said vehicle was got mechanically examined, the site of the alleged incident was photographed and took into possession the postmortem reports of the deceased persons and MLRs of the injured.

(3.) AFTER completing the investigation, the challan was presented in the Court for the trial of the petitioner. Notice of accusation was put to him, for the offences aforesaid, to which he pleaded not guilty and claimed trial.