GIAN CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has filed the present revision assailing his conviction and sentence passed by the learned Judicial Magistrate Ist Class(II), Dharamshala Distt. Kangra on 27/29.3.2003 and affirmed by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala on 18.12.2007 convicting him under sections 279, 337 IPC and section 184 of Motor Vehicles Act and sentencing him to undergo simple imprisonment for three months under section 279 IPC and to pay a fine of Rs. 500/ -, simple imprisonment for a period of three months for the offence under section 337 IPC and also sentenced to pay a fine of Rs. 500/ - under section 184 M.V. Act and in default of payment of fine amount, to undergo simple imprisonment for a period of one months. All the sentences have been ordered to run concurrently.

(2.) THE facts as emerge out from the prosecution story are that on 12.9.2001, the petitioner while working as driver in H.R.T.C. was driving bus bearing registration No. HP - 39 -3921 from Khanyara to Dharamshala. At about 1.00 p.m., when the bus reached near a school at Khanyara, the petitioner on account of rash and negligent driving dashed against a child walking on the road resulting in his injuries. The petitioner was charge -sheeted for the offence under sections 279, 337 IPC. Section 279 IPC reads thus: - -

(3.) SECTION 337 IPC reads thus: - -