MOHINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both the criminal appeals are being taken up together for disposal by this Court since in both the appeals, challenge has been laid to common judgment dated 15.10.2009 passed by the learned Additional Sessions Judge, Una, HP in Criminal Appeal Nos. 24 and 25 of 2008. Moreover, proceedings in both the petitions have arisen from the same accident occurred on 4.2.2005.

(2.) Instant criminal revision petitions filed under Sec. 397/401 Cr.PC are directed against the judgment of conviction and sentence dated 15.10.2009 passed by the learned Additional Sessions Judge, Una in Criminal Appeals No. 24 and 25 of 2008, affirming the judgment of conviction and sentence dated 16.5.2008 and 27.5.2008 rendered by the learned Judicial Magistrate, 1st Class, Court No. 1, Amb District Una, HP in Criminal Case No. 120-I-2005/65-II-2005.

(3.) In nutshell, the story of the prosecution is that petitioners Mohinder Singh and Gurdyal Singh (in short accused No.1 and accused No.2 respectively), were deployed as driver as well as conductor respectively on the bus bearing No. HP-20-5581 belonging to Parmar International School, Una. As per story of prosecution, on 4.2.2005 at around 2:30-2:45 PM when the complainant Pardeep Kumar PW8 was sitting in the shop at Gondpur Banehra, District Una, bus in question came there to drop the school children. Three children were made to alight from the said bus. Two of the children went towards their home, whereas one child namely Diksha started moving towards the house. In the meantime, accused No.2 (conductor) blew the whistle and accused No. 1 (driver) drove the bus rashly as a result of which Diksha fell down, as noticed by the complainant. Story put forth by the prosecution further reveals that Diksha and the complainant raised hue and cry but accused persons did not pay any attention and Diksha got crushed under the rear tyres of the bus in question, as a result of which she died on the spot. The complainant immediately after occurrence informed the police telephonically. Police came to the spot and recorded the statement of the complainant PW8 under Sec. 154 Cr.PC, on the basis of which, FIR was registered and investigation was carried out. Police also got conducted the post mortem of the deceased Diksha, wherein it was found that deceased died due to ante mortem crush injuries of skull and brain. Police also prepared spot map Ext.PW-10/A and recorded the statements of witnesses under Sec. 161 Cr.PC. Police after completion of codal formalities also took into custody the bus which was later released on spurdari. Police also got the photographs Ext.P7 to P9 clicked of the spot. Police after completion of the investigation found that prima facie case exists against the accused persons and accordingly, challan was presented against them in the court of learned Judicial Magistrate, Ist Class, Court No.(I), Amb, District Una on 13.5.2005.