MILAP CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS Revision is directed against the judgment of the learned Sessions Judge, Kangra passed in Criminal Appeal No.9-P/X-99 decided on 30.4.2001 whereby he has upheld the judgment passed by the learned Additional Chief Judicial Magistrate, Palampur in Criminal Case No.169-II/94 decided on 10.5.1999 convicting the accused of having committed offences under Sections 279 and 304- A IPC and consequently sentencing him to pay fine of Rs.500/- for the offence under Section 279 IPC and simple imprisonment for one year for the offence under Section 304-A IPC.

(2.) BRIEF facts necessary for decision of the case are that as per the prosecution on 2.9.1994 at about 7.15 p.m. the accused was driving truck No.HPK-5628 near Bhikha Shah. It is alleged that accused was driving the truck in a rash and negligent manner as a result of which the truck hit one Kishori Lal who was walking on the side of the road. Kishori Lal fell down and sustained injuries and died.

(3.) PW -3 Pinki Devi has made a similar statement. According to her she heard a sound and when she turned she found that Kishori Lal had been hit by the truck and had fallen down. The truck driver fled away from the spot alongwith the truck. She also states that though Kishori Lal had fallen on the pucca portion of the road, his legs were on the kacha portion.