AJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS revision petition has been filed by Ajit Singh against the judgment and order of Shri T. R. Handa, Sessions Judge, Simla, Kinnaur and Bilaspur, upholding his conviction by the Sub-Divisional Magistrate, Rampur under Section 279 of the Indian Penal Code and sentencing him to a fine of Rs. 500/- or in default to simple imprisonment for three months.

(2.) THE petitioner is a driver employed in the Indo-Tibetan Border Police, 3rd Battalion, Sarahan, On February 11, 1972 lie was driving a jeep No. MPH-879 on the Hindustan Tibet Road. At about 1 p. m. he was proceediug from the P. W. D. Rest House side towards Gharat Nala. Four minor girls were walking along the same road in the opposite direction. When the jeep reached the place of occurrence, three of the four girls moved aside towards their left hand side of the road, but the fourth, Basanli, moved to the right hand side of the road towards the jeep and the jeep struck her causing her serious head injuries. The jeep stopped at a distance of 19 feet from the place of occurrence, Basanti later succumbed to the injuries sulfered by her. On subsequent examination the brakes of the jeep were found to be defective. That is the prosecution case. The appellant was charged with offences under Section 279 and Section 304-A of the Indian Penal Code.

(3.) THE Sub-Divisional Magistrate, who tried the case, held the petitioner guilty of the offences charged and convicted him under Sections 279 and 304-A of the Code and sentenced him to six months rigorous imprisonment and two years rigorous imprisonment for the two offences respectively.