RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, hereinafter referred to as the accused, challenges the judgment dated 2 -5 -1994, of Sessions Judge, Mandi, in Criminal Appeal No 16 of 1993, thereby affirming the judgment dated 5 -8 -1993 of the Judicial Magistrate, First Class (1), Mandi ; in Criminal Case No. 92 -11 of 1991. By this judgment the accused has been convicted for the offences under sections 279, 337 and 304 -A, Indian Penal Code and under section 181 (3) (1) of the Motor Vehicle Act, and sentenced to simple imprisonment for a period of one year and fine of Rs 1,000 for the offence under section 304 -A, Indian Penal Code, simple imprisonment for a period of three months and fine of Rs. 500 for the offence under section 337, Indian Penal Code. No separate sentence for the offence under section 279, Indian Penal Code was awarded The accused was further sentenced to pay a fine of Rs. 500 for the offence under the Motor Vehicles Act. The substantive sentences of imprisonment were ordered to runt concurrently.

(2.) Briefly stated, the facts of the present case are these. On 12 -7 -1991 at about 3.15 p. m, the accused was driving taxi No. HPY 1057 from Mandi to Rewalsar, in a rash and negligent manner, so as to endanger human life. At Talyar, on Mandi -Rewalsar road, he caused an accident resulting into the death of a child, Inder Singh, who was standing on the road side, alongwith one Pankaj. The said Pankaj also sustained the injuries in such accident>

(3.) On the basis of the report made to the police by the injured PW Pankaj, a case under sections 279, 337 and 304 -A, Indian Penal Code, came to be registered with Police Station, Sadar, Mandi, vide F. I. R. No. 253 of 1991. After the necessary investigation and on a case having been found against the accused, he was arrested, challaned and sent up for trial for the offences under sections 279, 337, 304 -A, Indian Penal Code and under section 181 (3) (1) of the Motor Vehicles Act. It was also revealed, during the course of the investigation of the case, that the accused was not possessed of a valid driving licence.