LAWS(HPH)-2017-5-191

JASBIR SINGH Vs. STATE OF H P

Decided On May 22, 2017
JASBIR SINGH Appellant
V/S
STATE OF H P Respondents

JUDGEMENT

(1.) By way of this revision petition, the petitioner has challenged the judgment passed by the Court of learned Sessions Judge, Bilaspur, in Cr. Appeal No. 5 of 2011 dated 10.08.2011, vide which, learned Appellate Court while dismissing the appeal filed by the present petitioner upheld the judgment of conviction passed against the present petitioner by the Court of learned Judicial Magistrate 1st Class, Bilaspur, in Case No. 7/2 of 2K/1999 dated 17.08.2010, whereby learned trial Court had convicted the present petitioner for commission of offences punishable under Sections 279, 337, 338 and 304-A of Indian Penal Code and had imposed the following sentences upon him:-

(2.) The case of the prosecution was that on 04.09.1999 at around 12.55 P.M. at Ghamrolla, accused was driving bus bearing registration No. PB-12B-9414 on the public road and due to his rash and negligent driving, he could not control the same which fell down in a Khud causing injuries to many of the passengers and causing death of 10 of such passengers. Further, as per the prosecution injured persons were moved to the hospital and an FIR was registered. After the occurrence of the incident, medical examination of injured revealed that they had sustained both simple as well as grievous injuries. Postmortem report of the deceased passengers was also got conducted. After the registration of the FIR, spot was visited by the police and spot map was also prepared. Mechanical report of the bus was also prepared in the course of investigation.

(3.) After the completion of investigation, challan was filed in the Court and as a prima facie case was found against the accused, notice of accusation was put to the accused for commission of offences punishable under Sections 279, 337, 338 and 304-A of Indian Penal Code, to which he pleaded not guilty and claimed trial.