JIWA NAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this revision petition, the petitioner/accused has challenged the judgment passed by the Court of learned Additional Sessions Judge, Mandi in Criminal Appeal No. 01 of 2009, dated 15.09.2011, vide which learned appellate Court while dismissing the appeal filed by the present petitioner, upheld the judgment of conviction passed by the Court of learned Additional Chief Judicial Magistrate, Court No. 1, Mandi in Criminal Case No.271-II/2005, dated 15.10.2009, whereby learned trial Court had convicted the present petitioner for commission of offence punishable under Sections 279 and 338 of the Indian Penal Code and sentenced him to undergo simple imprisonment for a period of three months and to pay a fine of Rs.1000/- and in default of payment of fine, to further undergo simple imprisonment for a period of one month under Section 279 of the Indian Penal Code and had further sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1000/- and in default of payment of fine, to further undergo simple imprisonment for a period of one month under Section 338 of the Indian Penal Code and had ordered both the sentences to run concurrently.

(2.) The case of the prosecution was that on 26.09.2005 at around 2:20 p.m., accused was driving HRTC bus bearing registration No. HP-33-5420 in a rash and negligent manner so as to endanger human life and personal safety of others, near Ayurvedic Office, Zonal Hospital, Mandi and had struck the driver side of the bus with a wall, as a result of which, one of the occupant of the bus, namely Rahul, son of Pushap Raj, a minor boy aged about 4 years received grievous injury on his arm, which was dangerous to his life. As per the prosecution, the accident was the result of rash and negligent driving of the accused on a public road, as a result of which, Rahul had received grievous injuries on his person. On the basis of a statement recorded under Section 154 of the Code of Criminal Procedure (Ex. PW8/A) of Lala Ram, FIR Ex. PW11/A was registered at Police Station Sadar, Mandi. On the basis of the said FIR, investigation was carried out. In the course of investigation, site plan of the spot of occurrence of the incident was prepared, the offending bus was taken into possession along with its documents. The Investigating Officer took into possession the driving licence of the accused. Shirt of the injured boy was also taken into possession. Investigating Officer also obtained M.L.C. of Rahul and mechanical report of the offending bus was also obtained. Photographs of the site were also obtained by the Investigating Officer and statements of witnesses were also duly recorded under Section 161 of the Code of Criminal Procedure.

(3.) After completion of investigation, challan was filed against the accused under Sections 279,336, 337 and 338 of the Indian Penal Code. Accordingly, notice of accusation was put to him, to which he pleaded not guilty and claimed trial.