RAGHUBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present criminal revision petition filed under Section 397 of the Code of Criminal Procedure is directed against the judgment dated 10.11.2010, rendered by the learned Sessions Judge, Chamba Division Chamba, H.P., in Criminal Appeal No. 8 of 2010, affirming/modifying the judgment and order dated 29.7.2010 and 31.7.2010, passed by learned Judicial Magistrate, Ist Class, Dalhousie, District Chamba, H.P., in Criminal Case No. 43-II of 2005, whereby present accused-petitioner is convicted and sentenced to undergo simple imprisonment for four months and to pay fine of Rs. 1,000/- for having committed offence punishable under Section 279 IPC and to further undergo simple imprisonment for a period of three months and to pay a fine of Rs. 550/- for the offence committed under Section 337 IPC.

(2.) Briefly stated facts as emerged from the record are that on 20.6.2004, at about 4 pm, Tilak Raj was driving the Maruti Car bearing No. JK 02D-4342, while coming from Samba to Dalhousie. When he reached at place called Jarai Nainikhad on the road from Pathankot to Dalhousie, at about 4 pm, bus bearing registration No. HP-47-0378 came from opposite side which was being plied by the accused in rash and negligent manner and dashed the car, as a result of which, persons sitting in the car sustained injuries. The injuries were found to be simple.

(3.) Learned trial Court below, on being satisfied that prima facie case exists against the accused framed charges against him under Sections 279 and 337 of the IPC and under Section 184 of Motor Vehicles Act, to which he pleaded not guilty and claimed trial.