KISHORI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this petition filed under Sections 397/401 of the Code of Criminal Procedure the petitioner seeks to challenge his conviction and sentence for the offence falling under Section 279 of the Indian Penal Code as recorded by the Chief Judicial Magistrate, Bilaspur and upheld by the Additional Sessions Judge in appeal.

(2.) The petitioner at the relevant time was employed as a Jeep driver with the State Forest Department. On 6 3.1981 at about 6. 30 P.M. he was driving jeep bearing registration No. HPB.200 belonging to the Forest Department. He was driving on the national highway at Bilaspur and coming from the side of Nihal Octroi Post and going towards Kishan Bhavan on an upward slope. At the same time another jeep bearing registration No. HPB-90 was coming from the opposite direction. This other jeep was being driven by Chhotu Ram (P.W. 1) and the only other occupant of this jeep besides the driver was the then Sub Divisional Magistrate Bilaspur Shri R. C. Kapil (P.W. 2). At Kishan Bhavan there was a collusion between the two vehicles.

(3.) The case for the prosecution was that the accident had taken place on account of the rash and negligent driving on the part of the petitioner who at tile relevant time had consumed liquor. The further case of the prosecution was that the driver of jeep No. HPB-90 had on seeing the jeep of the petitioner, stopped and par Red his vehicle towards the extreme left side of the road so as to allow sufficient space to the petitioner to cross that spot. The width of the Pacca road on the spot was 12 feet and on either side of it was about 6 feet of Kacha road also. The jeep No. HPB-90 had been parked leaving about 9 feet of Pacca road and 6 feet of Kacha road towards its right side for the petitioner to cross. The petitioner, however, could not control his vehicle and it went on its wrong side resulting in collusion with the parking jeep of Chhotu Ram (P.W. 1).