PARMINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has been convicted by learned trial Court under Section 279, 337 and 304-A IPC for causing death of Shyam Lal, grievous injuries to Balwinder Singh and simple injuries to Ajit Singh while driving Three- Wheeler bearing No.HP50-0394 rashly and negligently endangering human life on public way on 24.9.2001 at 8.30 p.m. Conviction and sentence imposed upon petitioner has been affirmed by learned Additional Sessions Judge, Sirmaur District at Nahan.

(2.) On fateful day PW-1 Balwinder Singh, PW-2 Ajit Singh and deceased Shyam Lal were ridding scooter being driven by PW-2 Ajit Singh. Petitioner coming from opposite direction struck his three-wheeler with scooter causing injuries to occupants of the scooter which had ultimately resulted death of one of the occupants of the scooter.

(3.) Mr. C.N. Singh, Advocate, learned counsel for petitioner has argued that accident in question causing death and injury had occurred on account of negligence on the part of occupants of scooter whose driver had struck his scooter with three-wheeler and occupants were riding scooter without wearing helmet by taking risk of life themselves which is real cause of the accident as the scooter driver had lost control of scooter and had struck on back side of three-wheeler for which petitioner cannot be held to be driving three-wheeler in rash and negligent manner causing injuries to the occupants of scooter resulting into death of one of them.