KARAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant revision petition stands preferred hereat by the accused his standing 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 an offence punishable under Sections 279 of the Indian Penal Code.

(2.) The brief facts of the case are that on 3.8.2001 a telephonic message was received at Police Station Kumarsain from a bus conductor at Khekhar at about 5.45 p.m about the collision between a bus and truck. Thereafter the I.O. Madan Singh accompanied by another police official proceeded to the spot where the complainant Devki Nandan lodged statement under Section 154 Cr.P.C alleging therein that he was driver of bus bearing No. HP-51-4774 and on that day he started from Shimla to Rampur at 1 p.m and when reached near Khekhar at 5.15 p.m a truck bearing No. HP-22-4444 coming from Rampur side with a fast speed hit the bus driven by him. The truck driver appeared under intoxication and committed accident due to rash and negligent driving. On the basis of this statement F.I.R was recorded. The Investigating Officer prepared site plan and during investigation blood and urine samples of the petitioner were also collected and 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 279 IPC, and Sections 181 and 185 of the Motor Vehicles Act to which he pleaded not guilty and claimed trial.