SUNIL DUTT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this revision petition, the petitioner has challenged the judgment passed by the Court of learned Chief Judicial Magistrate, Hamirpur in Cr. Case No. 116-I of 2006/9-II of 2007 dated 1.7.2008 vide which the said Court convicted the petitioner for commission of offence punishable under Sections 279, 337 and 338 of the Indian Penal Code (in short 'IPC') and sentenced him to undergo simple imprisonment for a period of 3 months and to pay a fine of Rs.1000/- for commission of offence punishable under Section 279 IPC, to undergo simple imprisonment for a period of 1 year and to pay a fine of Rs.1000/- for commission of offence punishable under Section 338 IPC and to undergo simple impr isonment for a period of 6 months and to pay a fine of Rs. 500/- for commission of offence punishable under Section 337 IPC and the judgment passed by the Court of learned Sessions Judge, Hamirpur in Cr. Appeal No. 58 of 2008 dated 18.10.2008 vide which learned appellate court while upholding the judgment of conviction and sentence imposed upon the present petitioner by learned trial court dismissed the appeal so filed by the petitioner against the judgment passed by learned trial court.

(2.) The case of the prosecution was that on 3.5.2006 PW1 (Khalil Mohd) was driving bus bearing registration No. HP34-6384, which was on its way from Dharamshala to Shimla. When the said bus reached near Kehdru at around 8:40 a.m., one Maruti Van bearing registration No. DL-7C-B-0315 came from Bhota and the same was being driven in a high speed and on the wrong side of the road which hit the said bus, as a result of which all occupants of the offending van suffered injuries. The offending van was being driven by the petitioner. The matter was accordingly reported to the police who made an entry to this effect in the Daily Diary and thereafter ASI Ramesh Chand went to the spot. He recorded the statement of Madan Lal Ext. PW10/B on the basis of which, FIR Ext. PW10/C was registered. The injured were sent to hospital, who were medically examined by Dr. C.R. Verma.

(3.) After investigation challan was filed in the Court and as a prima facie case was found against the petitioner, notice of accusation was put to him for commission of offence punishable under Sections 279 337 and 338 of the IPC to which he pleaded not guilty and claimed trial.