KHEM CHAND Vs. STATE OF H P

JUDGEMENT

(1.) Present criminal revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against the judgment passed by ld. Sessions Judge, Mandi, HP, dated 24.12.2009 in criminal appeal No. 40 of 2006, affirming the judgment passed by the ld. Judicial Magistrate, Ist Class, Court No.1, Mandi, H.P., dated 28.9.2006, passed in Cr. Case No. 253-II/98(97), whereby the petitioner-accused has been convicted as under:-

(2.) Briefly stated facts as emerged from the record are that the petitioner-accused (In short "accused No.2) was driving Bus No. HP-01- 1643, whereas another bus bearing No. DL-1P-6566 was being driven by person namely Ranjit Singh (In short "accused No.1) on 17.6.1996. It also emerge from the record that when accused No.1 signaled accused No.2 to take pass from his bus, he in the process of overtaking bus No. DL-IP-6566, hit his bus against the rock on driver side, as a result of which, passengers travelling in that bus, sustained injuries and two of them died. Accordingly, police after having received information, reached at the spot and sent Rukka Ext.PW13/D to the police Station, on the basis of which, formal FIR was registered against the accused persons. During investigation, it revealed that on 17.6.1996, at about 7:30 a.m., bus being driven by accused No.1 was on its way from Mandi to Manali and another bus was being followed/driven by accused No.2. Investigation further revealed that both the buses were being driven in high speed towards Manali and the drivers/accused were in competition and were trying to overtake each other but when they reached near Gurudwara at Jaral Pandoh, accused No.1 gave signal to accused No.2 to overtake his bus on a slight curve but he did not leave the sufficient space for another bus to move forward. Despite aforesaid, accused No.2-petitioner made an attempt to take pass from the bus of accused No.1, as a result of which, bus being driven by accused No.2 in rash and negligent manner, struck against the boulder/rock on the right side. Passengers traveling in the bus suffered injuries on their persons and two persons died. Police prepared spot map Ext.PW13/C and also got clicked photograph Ext.PW11/A to Ext.PW11/P, negatives whereof are Ext.PW11/A-1 to Ext.PW11/P-16. I.O. PW13 after seizing the bus being driven by Accused No.2 and documents thereof vide Fard Ext.PW2/A and also seized the offending bus being driven by accused No.1 vide separate Fard. I.O. after completion of codal formalities, also recorded the statements of witnesses under Section 161. I.O. also got the offending vehicle mechanically examined from PW10 and obtained report Ext.PW10/A and Ext.PW10/B. Similarly, injured persons were also got medically examined at Zonal Hospital Mandi and obtained MLCs. Injured persons Sonam Shering and Bimmi Chhabra succumbed to injuries in the hospital. PW12 filled up the form-25.35 Ext..PW-12/A and Ext.PW 12/A and Ext.PW12/B and got conducted the post mortem of the body of Bimmi Chhabra, PW4, vide his report Ext.PW4/A opined that she died due to extensive head injury similarly, the post mortem of the body of Sonam Shering was also conducted by PW13, who opined that she also died due to ante-mortem injuries. Police after completion of investigation came to conclusion that accused are guilty of having committed offences under Sections 279, 337, 338 , 304-A. At this stage, it may be noticed that accused No.1 was declared proclaimed offender. Thereafter learned trial Court after having satisfied that prima facie case exists against accused No.2 , put notice of accusation for committing the offence as mentioned above, however, accused No.2-petitioner pleaded not guilty and claimed trial. But fact remains that he did not lead any evidence in this defence. Learned trial Court on the basis of material available on record found accused No.2 i.e. present petitioner guilty and sentenced him as per detail already given above.

(3.) Feeling aggrieved and dis-satisfied with the judgment passed by the learned trial Court, present petitioner-accused preferred criminal appeal before the Court of learned Sessions Judge, Mandi, which was dismissed vide judgment dated 24.12.2009. Hence, this criminal revision petition before this Court by the petitioner-accused No.1.