KULBIR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS revision petition is directed against the order of the learned Sessions Judge, Solan in Criminal Appeal No. 11-S/10 of 1999, decided on 31.3.2001 whereby he has affirmed the judgment of the Judicial Magistrate Ist Class, Solan dated 26.4.1999 in case No. 260/2 of 1995/94 convicting the petitioner of having committed offences punishable under Sections 279/304-A IPC. It would be, however, pertinent to mention that the appellate court has held that since the petitioner has been convicted under Section 304-A IPC, his conviction under Section 279 IPC is set aside because it is an offence of a lesser degree.

(2.) THE admitted facts of the case are that deceased Rattan Chand alongwith Sanjeev Kumar was travelling on scooter No. HR-03-4619. They had picked up a gas cylinder from the godown at Sector 4, Parwanoo and were returning to Pinjore. It is also admitted that they were going down-hill. At about 3.30 p.m. the scooter had just crossed the railway crossing at Taksal. A bus bearing No. CH-01B-7527 being driven by the petitioner came from the other side and hit the scooter. Rattan Chand sustained injuries and was taken to the hospital at Parwanoo. He was thereafter shifted to Chandigarh, but died on account of injuries sustained by him. The challan was filed against the accused under Section 279 and 304-A IPC. He pleaded not guilty and claimed trial. Evidence was recorded and on conclusion of the evidence, the petitioner was convicted for both the offences.

(3.) ACCORDING to Sanjeev Kumar, his father was driving the scooter and he was sitting behind his father carrying a cylinder. He admits that they had just crossed the railway crossing and just beyond the railway crossing there was a speed breaker. According to him the offending bus belonging to the Eicher came at a fairly high speed and the front portion of the bus hit the scooter.