HANS RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant revision petition stands preferred hereat by the accused while he stands aggrieved by the concurrently recorded renditions of both the Courts below whereby he stands convicted and consequently sentenced in the manner as encapsulated therein for his committing offences punishable under Sections 304-A, 279, 337 of the Indian Penal Code and under Section 184 of the Motor Vehicles Act.

(2.) The brief facts of the case are that on 26.8.1999 at around 6.15 p.m. near Sadwan accused Hans Raj was driving the scooter bearing No.PCW-2970. Due to his rash, negligent and dangerous driving as to endanger human life and personal safety of others, he struck the vehicle with the complainant Smt. Morni Devi and her husband Rojgari Ram. Due to rash and negligent act of the accused Rojgari Ram succumbed to the injuries, whereas complainant Smt. Morni Devi sustained injuries. Injured was moved to the hospital and relevant FIR was registered. Police visited the spot and spot map was prepared. The medical examination of the injured revealed that she had sustained simple injuries. After completing all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) Notice of accusation stood put to the accused by the learned trial Court for his committing offences punishable under Sections 304-A, 279, 337 of the Indian Penal Code and under Section 184 of the Motor Vehicles Act to which he pleaded not guilty and claimed trial.