ANIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 7.1.2013 passed by learned Sessions Judge, Kangra at Dharamshala, H.P. in Cr. Appeal No. 28-B/X/2007, whereby the appeal filed by the petitioner against the judgment dated 13.9.2007 passed by learned Judicial Magistrate, 1st Class, Baijnath, District Kangra, in Criminal Case No.105- II/2006 has been dismissed.

(2.) "Key facts" necessary for the adjudication of this petition are that on 29.6.2006 at about 5.45 A.M., a telephonic message was received at Police Station Baijnath from Sub Divisional Hospital, Baijnath that two persons received injuries in an accident and were admitted in the hospital. The police officials reached the hospital. Statement of complainant, PW1 Jagdev Singh was recorded vide Ext.PW9/A. According to him, on 29.6.2006 at about 3.00 P.M., he along with the petitioner Anil Kumar, driver of bus No.HP-68-0130 belonging to HRTC Depot Baijnath was coming from Delhi to Baijnath. When the bus reached near Bhairav Cafe, Baijnath, at about 5.30-5.35, the petitioner could not negotiate a curve. He lost the control and bus went off the road. According to him, he and the petitioner were only occupants in the bus. Both received injuries in the accident. The accident took place due to rash and negligent driving of the petitioner. On the basis of statement, Ext.PW9/A, FIR, Ext.PW8/A, was registered. Spot map was prepared. The petitioner and PW1 Jagdev Singh were medically examined. The bus was got mechanically examined. Statements of the witnesses were recorded. The investigation was completed Thereafter, all the codal formalities were completed and the challan was put up against the petitioner in the trial court.

(3.) The prosecution examined as many as nine witnesses in support of its case. Statement of the petitioner was recorded under Section 313 Cr.P.C.. He denied case of the prosecution and pleaded innocence. The accused did not lead any evidence in defence. The learned trial court vide judgment dated 13.9.2007 and order dated 14.9.2007 convicted and sentenced the petitioner to undergo simple imprisonment for one month and to pay a fine of Rs.500/- and in case of default of fine amount to further undergo simple imprisonment for seven days under Section 279 of the Indian Penal Code and to undergo simple imprisonment for one month and to pay a fine of Rs.500/- and in case of default of fine amount to further undergo simple imprisonment for seven days under Section 337 of the Indian Penal Code.