MEER CHAND Vs. STATE OF H P

JUDGEMENT

(1.) The instant criminal revision petition filed under Section 397 read with Section 401 of the Cr. P.C, is directed against the judgment dated 12.3.2009, passed by the learned Sessions Judge (Forest) Shimla, District Shimla, H.P., in Criminal Appeal No. 22-S/10 of 2006, affirming the judgment of conviction and sentence dated 8.12.2005, passed by the learned Chief Judicial Magistrate, Shimla, H.P. in Criminal Case No58/2 of 2002, whereby the petitioner accused has been convicted and sentenced as under:-

(2.) Briefly stated facts, as emerged from the record are that on 8.6.2002, petitioner-accused (hereinafter referred to as the accused) was driving bus bearing registration No.HP-51- 4651, which was enroute from Sanjauli to Bus stand, Shimla. When the aforesaid bus reached near lift Shimla, it developed mechanical defect, as a result of which, passengers boarded in the bus, got down from the bus. Thereafter, the accused himself tried to repair the bus. At that time, one traffic police constable asked the accused to remove the bus from the spot through Crane, but accused instead of arranging any Crane, started the bus and proceeded towards bus stand, Shimla. Unfortunately, at about 8:00-8:10 PM, when this bus reached near Gurudwara Singh Sahib, it stuck against one Indica car bearing registration No.UP-7B4105, as a result of which, both the vehicles were dragged to some distance and one of the occupants of the Indica car suffered injuries and thereafter the bus hit its one side against the hill and one pedestrian Tajinder Kumar Sharma was sandwiched between the wall of the hill and the bus, who was lateorn found to have died in the unfortunate accident. After completion of the investigation, accused was challaned by the police for the commission of offence punishable under Sections 279, 337 and 304-A of the IPC before the competent Court of law.

(3.) Learned trial Court after satisfying itself that primafacie case exists against the accused put a notice of accusation under Sections 279,337 and 304-A of IPC against the accused, to which he pleaded not guilty and claimed trial. Learned trial Court on the basis of the evidence adduced on record by the prosecution, found the accused guilty of having committed offence under the aforesaid sections and accordingly, convicted and sentenced him as per description already given above.