KALIMUDEEN Vs. STATE OF H P

JUDGEMENT

(1.) The present criminal revision petition filed under Sections 397/401 of the Cr.PC, is directed against the judgment dated 2.5.2008, passed by the learned Sessions Judge, (F), Shimla, HP, in Criminal Appeal No. 1-S/10 of 2008/03, affirming the judgment of conviction dated 20.9.2003, passed by the learned Judicial Magistrate Ist Class, Chopal, District Shimla, HP, in Case No. 55-1 of 2003/24-II of 2003, whereby the accused-petitioner has been sentenced as per description given herein below:-

(2.) Briefly stated facts as emerge from the record are that on 24.2.2003, one Sh. Rajinder Lal, got his statement recorded under Section 154 of Cr.PC, to the police stating therein that he was going with Dak to Post Office Nerwa and when he reached Rana Kiyar, he boarded the truck bearing No. HP-08-0811 and sat in the body of truck along with 80-90 persons. He further reported that vehicle in question was being driven by the petitioner accused namely Kalimudeen, who was known to him. As per, the complainant, when truck reached near Mahila Mandal Halao, it suddenly went off the road and fell into 150 feet deep gorge as a result of which, many people sustained injuries and some of them died on the spot. The complainant further stated that truck in question was being driven by the accused rashly and negligently, as a consequence, truck met with an accident. On the basis of aforesaid statement having been made by the complainant, police registered formal FIR Ext.PW17/A and I.O. visited the spot. After completion of investigation, police came to conclusion that accident occurred due to rash and negligent driving of the petitioner accused, and accordingly, presented the challan under Sections 279, 337, 338 and 304(A) of the IPC, before the competent court of law.

(3.) Learned Judicial Magistrate Ist Class, Chopal District Shimla, (HP), after satisfying itself that prima facie case exists against the accused put a notice of accusation, to which he pleaded not guilty and claimed trial. Learned trial Court on the basis of evidence adduced on record by the prosecution, found the accused guilty of having committed offence under the aforesaid Sections and convicted and sentenced him as per description already given above.