RAM BAKSH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant criminal revision petition filed under Sec. 397, 401 read with Sec. 482 Cr.P.C. is directed against the judgment dated 19.7.2008 passed by the learned Sessions Judge, Una, HP, in Criminal Appeal No. 04 of 2006 affirming the judgment passed by the learned Judicial Magistrate, Ist Class, Court No. 1, Una, dated 13/19.1.2006, whereby the accused is sentenced to suffer three months' simple imprisonment under Sec. 279 IPC and fine of Rs. 1000/ -, under Sec. 337 IPC, simple imprisonment for three months and fine of Rs. 500/ -, under Sec. 338 IPC, simple imprisonment for three months and fine of Rs. 1000/ - and one year rigorous imprisonment under Sec. 304A IPC and a fine of Rs. 1000/ - And in case of default of the fine, the convict has to undergo further simple imprisonment for six months. All the sentences will run concurrently.

(2.) In nutshell the case of the prosecution is that that the complaint Diwan Chand was working as Baildar in HPPWD Haroli. On 28.9.1998 he was working near Salwana Bhatta. After doing duty, he was returning home by taking lift in the scooter of Shri Suresh Kumar who was driving Scooter HP -20 -9530 towards Haroli. When scooterist -Suresh Kumar at around 6 PM reached near Badhera village, one bus, which was being driven in rash and negligent manner, came from Haroli side and dashed against the scooter as a result whereof scooterist and pillion rider i.e. complainant Diwan Singh fell down and sustained injuries. Thereafter, they were taken to the District Hospital Una from where Suresh Kumar was referred to PGI, Chandigarh for further treatment. But eventually, he succumbed to the injuries en -route to PGI. Police recorded the statement of the complainant -Diwan Singh under Sec. 154 Cr.P.C. on the basis of which FIR came to be registered vide Ext. PW 14/A in Police Station Una, HP.

(3.) After completion of the investigation, challan was produced before the court of law and the accused was charge -sheeted for the offence under Ss. 279, 337, 338 and 304 -A of the IPC.