RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present revision petition under Sections 397 and 401 of the Code of Criminal Procedure (for short the 'Code') is directed against the judgment passed by learned Sessions Judge, Una, on 13.12.2010 in Criminal Appeal No. 38 of 2009 whereby he dismissed the appeal filed by the petitioner and affirmed the judgment of conviction and sentence passed by learned Judicial Magistrate Ist Class, Court No. 1, Una, Amb, District Una, on 20.11.2009, in Police Challan No. 73-II-2006, whereby the petitioner was convicted and Whether the reporters of the local papers may be allowed to see the Judgment? Yes. sentenced to pay a fine of Rs.1,000/- under Section 279 IPC and in default of payment of fine to further undergo simple imprisonment for two months and six months rigorous imprisonment under Section 304-A IPC.

(2.) The prosecution story, in brief, is that on 30.08.2006 a telephonic information was received from Medical Officer, Primary Health Centre (for short 'M.O., P.H.C.'), Amb to the effect that a person who had sustained injuries in road accident was lying in the hospital. Thereafter, DDR No. 12 in this regard was recorded on 12:30 p.m. and ASI Parkash Chand alongwith other police officials proceeded to the hospital. A request was moved before M.O., P.H.C., Amb for recording statement of injured, however, doctor opined that the injured was unfit to give statement. Thereafter, statement of Smt. Rajni Devi was recorded under Section 154 Cr.P.C., wherein she stated that she was resident of Kuthiari and on 30.08.2006 was travelling with her sister-in-law Nirmla Devi in Bus No. HP-19B-7514 as they were to visit a private doctor at Amb because of the illness of the child of Nirmla Devi. Nirmla Devi was sitting near front window and while she was deboarding the bus, the driver i.e. petitioner herein suddenly drove the bus, as a result whereof Nirmla Devi fell down on the road and sustained injuries on the head or other parts of the body. Thereafter, with the help of the local people Nirmla Devi was brought to PHC, Amb. It was alleged that the accident had occurred solely on account of the rash and negligent driving of the bus driver and on the basis of such information FIR was registered and further investigation were thereafter carried out. Spot map was prepared and statements of witnesses were recorded. MLC of Nirmla Devi was obtained and she, in turn, then referred to Regional Hospital, Una, however, she succumbed to her injuries. Post-mortem was conducted on the body of the deceased and inquest form was filled-in. The bus was subjected to mechanical examination and in the examination so conducted, no mechanical defect was found. The photographs of the bus were taken and after completion of the investigation, finding a prima facie case against the accused challan was prepared and presented in the Court of learned trial Magistrate on 28.09.2006.

(3.) Taking cognizance on the challan, presence of the accused was procured and after admitting him on bail, copy of challan in compliance of Section 207 Cr.P.C. was supplied to him.