RAVINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Judgment dated 26.02.2002, convicting and sentencing petitioner under Sections 279, 337 and 304-A of the Indian Penal Code (in short IPC) passed by Judicial Magistrate Ist Class, Court No. II, Dharmshala in Criminal case No. RBT No. 38-II/2001 in case FIR No. 212 of 2000 registered in Police Station Dharamshala affirmed by learned Addl. Sessions Judge, FTC, Kangra, vide judgment dated 7.8.2007 passed in Criminal Appeal No. 47- D/05/2002, is under challenge in this petition.

(2.) On 9.12.2000, petitioner had lost control over the truck being driven by him when he was reversing it causing death of Om Prakash, father of PW-6 Ms. Rajni Bala and minor injuries to PW-1 Neeraj Kumar and PW-2 Aditya Kumar .

(3.) During pendency of present petition, petitioner has filed an application Cr. MP No. 667/2016 under Section 320 of Criminal Procedure Code (in short Cr. P.C.) for compounding offences under Sections 279, 337 and 304A IPC and another application Cr. MP No. 769 of 2016 under Section 482 Cr. P.C. for quashing of FIR No. 212 of 2000 registered at Police Station Dharamshala under Sections 279, 337 and 304A of IPC, on the basis of compromise arrived at between parties i.e. between petitioner and complainant PW-1 alongwith PW-6 sole legal representatives of the deceased. Compromise has also been placed on record alongwith these applications and as per compromise the matter has been amicably settled as complainant as well as the dependents of the deceased victim have pardoned petitioner. PW-1 Neeraj Kumar and PW-6 Rajni Bala also appeared in this Court on 30.09.2016 and endorsed compromise between parties in their statements recorded on oath.