ROSHAN LAL Vs. STATE OF H P

JUDGEMENT

(1.) The instant revision is directed against the judgment, rendered on 10.8.2007, by the learned Sessions Judge, Kullu, H.P., in Criminal Appeal No.10 of 2006, affirming the findings, recorded by learned Judicial Magistrate, 1st Class, Manali, District Kullu, in Cr.Case No.20-1/2004/42-II of 2004, whereby, the petitioner has been convicted and sentenced as follows:- Sr.No. Offence Sentence imposed. 1. 279 IPC to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.500/- and in default of payment of fine to further undergo simple imprisonment for a period of 15 days; 2. 304-A IPC to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month; 3. 187 of the Motor Vehicles Act to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo simple imprisonment for a period of 15 days.

(2.) The facts, in brief, are that on the evening of 29.11.2003, at about 7.30 p.m., near PWD Office, Manali, the accused, while driving a bus, bearing registration No.HP-34A- 2825 on a public road, knocked down a scooter, bearing registration No.HP-34-5234, which resulted in causing death of its occupant Norbu Lama. The accused instead of helping the injured fled away from the spot. A telephonic message was received in the police and after recording Rapat No.Ext.PW-5/E, the police rushed to the spot, where statement of complainant under Section 154 Cr.P.C., comprised in Ext.PW-1/A was recorded, on the basis of which F.I.R. Ext.PW-3/A has come to be registered. The matter was investigated by PW-5 (ASI Bhagat Ram) who prepared spot map, comprised in Ext.PW-5/A, taken into possession the scooter, along with its documents, vide seizure memo Ext.PW-1/B as well as the offended bus vide seizure memo Ext.PW-1/C. Other documents of the bus were also taken into possession vide seizure memos Exts.PW-5/B and PW-5/C. The investigating officer got the vehicles mechanically examined. Mechanical reports are comprised in Ext.PW-2/A and Ext.PW-2/B. He has also obtained inquest report Ext.PW-5/D, post mortem report Ext.PA and photographs Ext.P-1 to P-7, negatives thereof Ext.P-8 to P-15. Statements of witnesses were recorded under Section 161 Cr.P.C. On completion of investigation, challan was presented against the accused to face trial for the offences punishable under Sections 279, 337, 338, 304-A IPC.

(3.) Notice of accusation was put to the accused for his having committed offence punishable under Sections 279, 337, 338, 304-A IPC, by the learned trial Court, to which he pleaded not guilty and claimed trial.