NARESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the judgment passed by the Court of learned Sessions Judge, Una in Criminal Appeal No. 1 of 2008 dated 1.8.2009, vide which learned appellate court while partly allowing the appeal filed by present petitioner and acquitting him for commission of offence under Section 201 IPC has upheld the judgment passed by the Court of learned Judicial Magistrate 1st Class, Barsar, Camp at Una in Crl. Case No. 114-I-2000, RBT No. 155-II-2007 dated 27.12.2007, vide which the present petitioner was convicted by the learned trial court for commission of offence punishable under Sections 279, 337, 304A IPC. Learned trial court sentenced the petitioner to undergo simple imprisonment for a period of three months for offence punishable under Section 279 IPC and simple imprisonment for a period of three months for offence punishable under Section 337 IPC. It further sentenced the accused to undergo simple imprisonment for a period of six months for offence punishable under Section 304-A IPC along with fine of Rs. 1,000/- and further sentenced the accused to undergo simple imprisonment for a period of three months for offence punishable under Section 201 IPC.

(2.) The case of prosecution was that on 28.2.2000 at around 7:30 a.m. complainant Arjun Singh along with his wife Harjit Kaur and daughter Amar Prit Kaur were going on scooter bearing registration No. PB-08A-2351 from their village to Pirnigah for paying obeisance and when they reached near Himalaya Restaurant, Una Bazar, one bus bearing registration No. HP-20-1488 which was being driven by the accused came from back side and hit the scooter from the back side and dragged the scooter upto some distance and thereafter the scooter fell down. As a result of the said accident complainant, his wife and daughter also fell down and sustained simple as well as grievous injuries. Wife of the complainant sustained fatal injuries and died while on her way to the hospital. On the basis of information received by the police, Rapat was entered.

(3.) Investigation revealed that on the fateful day, at around 10:30 a.m. in Una Bazar accused was driving the bus on a public highway in a rash and negligent manner so as to endanger human life and personal safety of others and as a result of his rash and negligent driving, accused hit the ill-fated scooter causing injuries to the complainant as well as to his daughter and wife which resulted in the death of the wife of the complainant. It also came in the investigation that after the accident accused drove the bus from the scene of crime upto 60- 70 gauge ahead and fled away from the spot.