BALDEV SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The accused/revisionist is alleged to have committed offences punishable under Section 279 and 304 -A of the Indian Penal Code. On conclusion of the trial to which he stood subjected to, the learned trial Court recorded findings of conviction against the accused/convict for his committing offence under afore referred penal provisions. The learned trial Court proceeded to hence sentence him to undergo rigorous imprisonment for two years for commission of offence under Section 304 -A of the IPC besides sentenced him to pay fine of Rs.5000/ -, in default of payment of fine he was sentenced to undergo further imprisonment for two months. In so far as qua offence constituted under Section 279, IPC qua commission whereof, the learned trial Court also recorded findings of conviction against the accused, it proceeded to sentence him to undergo imprisonment for a period of six months. Both the sentences were directed to run concurrently. The accused/convict preferred an appeal before the learned Additional Sessions Judge, Una against the judgment of conviction and sentence recorded against him by the learned trial Court. The Appellate Court rendered a judgment in affirmation to the conviction and sentence as stood recorded against him by the learned trial Court. The accused/convict has been led to institute the instant revision petition therefrom before this Court seeking therein the setting aside of findings of convictions and consequent sentences concurrently imposed upon him by both the learned Courts below.

(2.) The facts relevant to decide the instant case are that on 16.3.2005, at about 6.15 P.M, PW -1 Sarwan Kumar while coming out from the STD booth had noticed that a HRTC bus was dropping passengers on the road and in the meanwhile, the accused Baldev Singh had come driving a HRTC bus at a very high speed bearing No. HP -36A -7511. While overtaking the stationary bus, he came to the wrong side and hit a boy named Sahil. He was crushed beneath the front and the rear tyres of the bus. The child had died on the spot. On the basis of aforesaid information, FIR was lodged against the accused in the police station concerned. Thereafter, the Investigating Officer concerned completed the codel formalities.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.