SALENDER PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present criminal revision petition filed under Section 397 Cr.PC read with Section 401 Cr.PC, is directed against the judgment dated 01.10.2007, passed by the learned Additional Sessions Judge, Fast Track Court, Solan, District Solan, HP, in case No. 7FTC/of 10 of 2007, titled "Salender Pal v. State of Himachal Pradesh", affirming the judgment of conviction and sentence dated 30.4.2007, passed by the learned Additional Chief Judicial Magistrate, Kasauli, District Solan, HP, in Criminal Case No. 202/2 of 2002 titled "State of Himachal Pradesh v. Salender Pal," whereby accused -petitioner herein, has been sentenced to undergo as under: -

(2.) Briefly stated facts necessary for adjudication of the present case are that on 31.3.2002, petitioner -accused Salender Pal was driving a mini bus bearing No. HR -37 -8299 from Subathu to Panchkula. When bus reached near Thedpura at about 2.45pm, it went off the road and fell into a Nalah, as a result thereof, injuries were caused to children and women travelling in the bus and unfortunately two women and one boy died on the spot. After accident, injured were taken to the hospital at Nalagarh for medical aid. As per prosecution story, alleged accident took place due to rash and negligent driving of the accused -driver, who failed to control the vehicle in question and went out of road. Subsequent to the accident, matter was reported to the police and statement of Shri Hari Ram under Section 154 Cr.PC was recorded and on the basis of the same, FIR No. 46/02, Ext.PA was registered against the accused at Police Station Barotiwala under Sections 279,337,338 and 304 -A Indian Penal Code.

(3.) During the investigation, police came to the conclusion that accident took place due to rash and negligent driving of the driver -accused as well as high speed. It was also found that due to negligent act of the accused three persons namely Shorya Sharma, Shashi Kashyap and Archana Bala died and simple and grievous injuries were caused to several other passengers travelling in the bus.