KEHAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant criminal revision under Sections 397 and 401 CrPC is directed against judgment dated 19.11.2008 passed by Additional Sessions Judge, Fast Track Court, Shimla in Criminal Appeal No. 8- S/ 10 of 2006, affirming judgment of conviction dated 29.8.2006 recorded by the Judicial Magistrate 1st Class, Court No. 2, Rohru in Cr. Case No. 74/2 of 2005 whereby petitioner-accused was convicted and sentenced to undergo simple imprisonment for one year for the commission of offence under section 304-A IPC and further to undergo simple imprisonment for a period of three months for the commission of offence under Section 336 IPC. Both the sentences are ordered to run concurrently.

(2.) Briefly stated facts as emerge from the record are that Suresh Kumar, complainant on 21.9.2005 made statement Ext. PW-1/A under Section 154 CrPC before the police stating therein that he is resident of village Kujyani, Tehsil Chirgaon. He further stated that span installed by petitioner-accused Kehar Singh from village Hounchali to Dhagoli passes over his land and on 21.9.2005, at about 4.00 PM, his son namely Ankush aged 5 years was playing with other children on the road at some distance from his house. He further stated that the span of accused crosses from there just 3-4 feet above the road. He further complained that span was operational and one of its boxes struck against head of his son, Ankush, as a result of which he sustained injury and fell down. Thereafter, he was taken to hospital where he succumbed to injuries. Complainant alleged that mishap occurred due to negligence of accused, who installed span in dangerous manner, at a very low height and despite several requests made by him as well as other co-villagers, he failed to increase height of span. On the basis of statement, Ext. PW-1/A, police lodged FIR No. 253/05 Ext. PW-8/A, at PS Rohru. On the basis of aforesaid information, police investigated matter and got conducted post mortem over dead body of deceased Ankush.

(3.) After completing codal formalities, police recorded statements of witnesses under Section 161 CrPC and on completion of investigation submitted final report under Section 173 CrPC before JMIC Rohru on 1.12.2005. Learned court below after being satisfied that prima facie case under Sections 336 and 304A IPC exists against accused, put notice of accusation to the accused, to which he pleaded not guilty and claimed trial.