SANJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant criminal appeal is directed against the impugned judgment of conviction dated 23.11.2007, passed by the learned Sessions Judge, Mandi, H.P., whereby learned court below while holding the accused guilty of having committed offences punishable under Section 304-A of the IPC, convicted and sentenced him to undergo rigorous imprisonment for 1½ years with a fine of Rs. 10,000/-. Learned Court below further held that in case of default in payment of fine, accused shall further undergo imprisonment for one month.

(2.) Briefly stated facts as emerge from the record that the complainant namely Shri Rajesh Kumar in his statement recorded under Section 154 of the Cr.PC, stated that on 8.4.2004, he was driving tipper bearing No. HP-29-2413, loaded with bajri and was on his way to Jogindernagar from Baijnath He further alleged that when aforesaid tipper being driven by him reached near the shop of Raju at Suka Bag, a Maruti Van bearing No. HP-01-D-0351, being driven by the accused in a zig zag manner like a snake came from other side at fast speed and hit three boys standing near rain shelter. Complainant further alleged that he took his tipper to his side and accused who was driving Maruti Van also hit tipper after hitting boys standing near rain shelter. As per the complainant, accused also suffered injuries along with the injured boys, who were taken to Baijnath hospital in the vehicle. Complainant further alleged that one person namely Amit Kumar died on the way to the hospital. As per the complainant, smell of liquor was coming from the mouth of the accused at that relevant time. On the basis of aforesaid statement Ext.PA, recorded under Section 154 of the Cr.PC, formal FIR Ext. PK, came to be registered against the accused. After completion of investigation, police presented challan before the Court of Judicial Magistrate, 1st Class, Jogindernagar. Since the appellant-accused was charged under Sections 279, 337, 338 and 304AA of the IPC, case later on came to committed to the Court of learned Sessions Judge, Mandi, H.P., where it was registered as Sessions Trial No. 20 of 2005.

(3.) Learned Sessions Judge, after being satisfied that prima-facie case exists against the appellant accused, farmed charges against him under Sections 279, 337, 338 and 304AA of the IPC, to which he pleaded not guilty and claimed trial.