BIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition under Sections 397 and 401 of the Code of Criminal Procedure is directed against the judgment dated 1.4.2008 passed by learned Additional Sessions Judge, Fast Track Court, Una, District Una, H.P. in Criminal Appeal No. 11/03, RBT 28/2004 whereby the judgment passed by the learned Additional Chief Judicial Magistrate, Amb, District Una, H.P. in Case No. 28/1 of 2002 dated 18.10.2003 has been partly modified and the petitioner has been sentenced to simple imprisonment for three months and six months for the offences punishable under Sections 279 and 304-A IPC, respectively, while the sentence of fine for both the offences was ordered to be maintained.

(2.) Briefly stated, the case of the prosecution is that on 22.11.2001 at about 9.15 a.m. the complainant Kumari Anjana and her cousin Shashi Kanta were standing by the side of the road at Pucca Paroh as they were waiting for a bus to go to Amb, in the meanwhile a private vehicle bearing registration No.CH-03A-3959 being driven by the petitioner came from the side of the Una in very high speed and hit Kumari Shashi Kanta due to which she sustained injuries and was brought to hospital Amb for treatment in the same vehicle which hit her. As per the complainant the accident took place because of rash and negligent driving on the part of the petitioner and a case under Sections 279, 337 IPC was registered. After medical examination and first aid at P.H.C., Amb the injured was referred to PGI, Chandigarh and on 26.11.2001 she succumbed to her injuries, due to which the offence punishable under Section 304-A IPC was also added against the petitioner. After completion of investigation the challan was filed against the petitioner under Sections 279, 337 and 304-A IPC.

(3.) Notice of accusation was put to the petitioner by the trial Court for the offence punishable under Sections 279, 337 and 304-A IPC to which he pleaded not guilty. The prosecution examined five witnesses in support of its case and taken various documents on record. The statement of petitioner under Section 313 Cr.P.C. was recorded to which he denied the prosecution story. After the trial, the petitioner was convicted by the learned trial Court for offence punishable under Sections 279 and 304-A IPC and he was sentenced to under rigorous imprisonment for six months and to pay fine of Rs. 1000/- for offence punishable under Section 279 IPC and in default of payment of fine, he was further to undergo rigorous imprisonment for one month. The petitioner was sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 2000/- for offence punishable under Section 304-A IPC and in default of payment of fine, to undergo rigorous imprisonment for six months.