AMERJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has preferred present revision petition assailing his conviction and sentence affirmed by learned Sessions Judge (Forest) Shimla in Criminal Appeal No. 127-S/10 of 2012/10 vide judgment dated 03.09.2013 under Sections 279, 337, 338 and 304-A of IPC and under Section 187 of Motor Vehicles Act as imposed by learned Judicial Magistrate, Ist Class, Theog, District Shimla in case No. 255-I of 2005 vide judgment dated 10.11.2009.

(2.) On fateful day dated 02.09.2005, one Yogesh, pillion rider of motorcycle No. MFW-4878 being driven by injured PW-1 Aman Thakur had succumbed to his injuries on hitting motorcycle by truck No. HP-12-3325 being driven by petitioner Amerjeet Singh at about 1.00 PM at place near Sarog-Gali on National Highway-22. Petitioner did not stop on the spot. Injured were shifted from spot to Civil Hospital Theog by passersby in their vehicle. Yogesh was referred to Indira Gandhi Medical Hospital, Shimla but he succumbed to his injuries on the way. On completion of investigation conducted in pursuance to FIR Ex. PW-13/B registered on the basis of statement Ex. PW-13/A, Challan was put in the Court.

(3.) On conclusion of trial, petitioner was convicted under Sections 279, 338, 304-A IPC and Section 187 of Motor Vehicles Act. Petitioner was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1000/- under Section 338 IPC and in default of payment of fine to undergo simple imprisonment for three months. He was sentenced to undergo rigorous imprisonment of six months each and to pay fine of Rs.500/- and Rs.1000/- respectively under Sections 279 and 338 IPC and in default of payment of fine to undergo simple imprisonment for one months for each default. He was also sentenced for three months simple imprisonment and to pay fine of Rs.500/- under Section 187 of Motor Vehicles Act and in default of payment of fine to further undergo simple imprisonment for 15 days. All the sentences to run concurrently.