KARAM CHAND Vs. STATE OF H P

JUDGEMENT

(1.) The learned trial Court convicted the accused/revisionist for his committing offences punishable under Sections 279, 304-A of the Indian Penal Code and under Section 181 of the Motor Vehicles Act. It also imposed upon the accused/convict consequent sentences for his committing the afore referred penal misdemeanors. The learned trial Court proceeded to hence sentence him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000 for commission of an offence punishable under Section 279 of the IPC. In default of payment of fine amount, he was sentenced to undergo simple imprisonment for a period of one month. He was further sentenced to undergo simple imprisonment for a period of six months and to a pay fine of Rs.500/- for commission of an offence under Section 337 of the IPC. In default of payment of fine he was sentenced to undergo simple imprisonment for a period of one month. He was further sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.500/- for commission of an offence punishable under Section 304-A of the IPC and in default of payment of fine he was sentenced to undergo further imprisonment for one month. He was further sentenced to pay a fine of Rs.500/- for commission of an offence punishable under Section 181 of the Motor Vehicles Act and in default of payment of fine he was sentenced to undergo further imprisonment for one month All the sentences were directed to run concurrently. The accused/convict preferred an appeal therefrom before the learned Sessions Judge, Kullu, H.P. The Appellate Court rendered a judgment in affirmation to the verdict of conviction and consequent sentences recorded against him by the learned trial Court. The accused/convict has been hence led to therefrom institute the instant revision petition before this Court seeking therein the setting aside of the concurrently recorded findings of convictions and consequent sentences imposed upon him by both the learned Courts below.

(2.) The facts relevant to decide the instant case are that on 23.11.2009 an information was received from the Hospital that one person had succumbed to his injuries sustained in an accident. PW7 alongwith HHC Gautam visited Mission Hospital, Kullu in connection with the investigation of the present case and recorded statement of PW1 Sunny Kumar under Section 154, Cr.P.C. As per statement of PW-1, he had gone in his taxi along with a passenger towards Bahang on 20.11.2009. At about 9 a.m., he was taking tea at Bahang. At the relevant time, one person came on motor cycle from Palchan side and deceased Angchuk was hit with the motor cycle bearing No. HP34A-833. The injured Angchuk was shifted to hospital by PW1 in his taxi. The deceased died in the Mission Hospital on 22/23/11/2009. The Investigating Officer sent the statement to the police station and FIR Ex.PW6/A was prepared. The documents of the motor cycle were seized and mechanical report was procured. Statements of the witnesses were recorded as per their version. In the investigation the police came to the conclusion that due to rash and negligent driving of the motor cyclist the accident has occurred, hence, the accused was arrested on 25.11.2009. The police completed all the codel formalities.

(3.) On conclusion of investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.