RAJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant petition has been preferred under Section 397/401 of the Code of Criminal Procedure against the judgment dated 22-2- 2001 passed by Sessions Judge, Shimla in Criminal appeal No. 17- S/10 of 2000 vide which the appeal filed against the judgment dated 26-7-2000 by the Chief Judicial Magistrate, Shimla in Case No. 238/2 of 1997/95 was dismissed whereby the conviction and sentence of the petitioner under Sections 279, 337 and 338, I.P.C. were maintained.

(2.) BRIEF facts of the case are that on 30-5-1995, the petitioner was driving Bus No. HP-32-0530 from Chhota Shimla to Bus Stand, when it reached near St. Edward's School, it hit the road side railing which collapsed and fell towards school side thereby causing injuries to PW3 Vijay Deshta and fractured the leg of Saurav Sood (both students). The matter was reported to the Police by Vijay Deshta aforesaid and a case was registered under Sections 279, 337 and 338 of the Indian Penal Code vide FIR No.111 of 1995 in Police Station (East) Shimla. Mechanical examination of the vehicle and medical examination of the injured were conducted. The police took the photographs of the place of incidence. On completing the investigation, it was presented before the Chief Judicial Magistrate for trial.

(3.) UPON hearing the learned counsel for the parties and going through the record, the petitioner was found guilty thus convicted under the aforesaid Sections and sentenced to under go rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/- under Section 279 of the Indian Penal Code, three months rigorous imprisonment and fine of Rs. 300/- for offence punishable under Section 337 of the Indian Penal Code and six months rigorous imprisonment and a fine of rupees 500/- for the offence under Section 338 of the Indian Penal Code and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. Feeling aggrieved and dis-satisfied with the impugned judgment of conviction and sentence, the petitioner had filed an appeal before the Sessions Judge which was dismissed.