AMAR DEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These two revision petitions are being decided by a common judgment as both the petitions arise out of a common judgment passed by the Court of learned Additional Sessions Judge (II), Shimla in Criminal Appeal No. 105-S/10 of 2014/2012 and Criminal Appeal No. 106-S/10 of 2014/2012 dated 01.09.2014, vide which learned appellate Court while dismissing the appeals so filed by both the present petitioners, upheld the judgment of conviction passed against the petitioners/accused by the Court of learned Chief Judicial Magistrate, Shimla in Criminal Case No. 30/2 of 2010/2007 dated 03.04.2012, whereby the learned trial Court convicted accused Nand Lal for commission of offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and accused Amar Dev for commission of offences punishable under Sections 337 and 338 of the Indian Penal Code and sentenced Nand Lal to undergo simple imprisonment for three months and to pay a fine of Rs. 1,000/- under Section 279 of the Indian Penal Code, to undergo simple imprisonment for three months and to pay a fine of Rs. 500/- under Section 337 of the Indian Penal Code and to undergo simple imprisonment for one year and to pay a fine of Rs. 1,000/- under Section 338 of the Indian Penal Code and sentenced Amar Dev to undergo simple imprisonment for three months and to pay a fine of Rs. 500/-under Section 337 of the Indian Penal Code and to undergo simple imprisonment for six months and to pay a fine of Rs. 1,000/- under Section 338 of the Indian Penal Code.

(2.) The case of the prosecution in brief was that on 17.09.2007, Lal Singh, who at the relevant time was a school-going student boarded a bus bearing registration No. HP-51-4777, which was being driven by accused Nand Lal and conductor of which bus was accused Amar Dev. Lal Singh boarded the said bus from BCS, Shimla and the bus was on its way towards Shimla Bus Stand. This bus was full of passengers which also included school students. When the said bus left BCS Bus Stand, accused Amar Dev, conductor of the Bus did not take precaution to close the doors of the same. Accused driver drove the bus in high speed and when the bus reached near Jai Mata Truck Union, New Shimla at around 9:30 a.m., the driver of the bus abruptly and forcefully applied breaks which resulted in a jerk and as a result of the same, Lal Singh, who was standing near the door was thrown out from the bus and he fell on the road, as a result of which, he sustained multiple injuries on his person. After the accident, the injured was taken to Ayurvedic Hospital Chhota Shimla, from where he was referred to IGMC, Shimla. Police at Police Post, New Shimla was informed about the said accident by the Health Authorities of Ayurvedic Hospital, Chotta Shimla and from there HC Budhi Singh was deputed to inquire into the matter. He went to IGMC, Shimla, but the injured was not found fit to give any statement and under these circumstances, one of the passengers who was travelling in the said bus, namely, Kamal Sood gave a statement under Section 154 of the Code of Criminal Procedure to HC Budhi Singh, on the basis of which, FIR was registered against the accused. Site plan etc. was prepared and the MLC and other reports of the injured were taken into possession by the police. The bus was also got mechanically examined and necessary mechanical report of the same was also obtained by the police.

(3.) After completion of investigation, challan was filed in the Court and as a prima facie case was found against the accused, accordingly accused driver was charged for commission of offences punishable under Sections 279, 337 and 338 of the Indian Penal Code, whereas accused Conductor was charged for commission of offences punishable under Sections 337 and 338 of the Indian Penal Code, to which they pleaded not guilty and claimed trial.