UMARDEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 397 CrPC, challenge has been laid to the judgment dated 19.2.2008 passed by the learned Additional Sessions Judge, Fast Track Court, Shimla in Criminal Appeal No. 32-S/10 of 2004/2003, affirming the judgment/order of conviction dated 19.12.2002 passed by the learned Judicial Magistrate 1st Class, Chopal, District Shimla, H.P. in Case No. 9-II of 2002, whereby learned trial Court, while holding petitioner-accused guilty of having committed offences under Sections 279, 338 and 304A IPC, convicted and sentenced the petitioner-accused to undergo simple imprisonment for a period of one year for the commission of offence under Section 304A IPC and to undergo one month's simple imprisonment each for commission of offences punishable under Sections 338 and 279 IPC.

(2.) Facts, as emerge from the record are that on 25.9.2001, at around 30 pm, a Utility Jeep bearing registration No. HP08-0559, met with an accident at a place called Shamtha, as a consequence of which, some of the occupants of the Utility vehicle expired on the spot, whereas others suffered injuries. After having received intimation with regard to aforesaid accident, police carried out investigation and after completion of investigation, presented Challan in the competent Court of law. Learned trial court, on the basis of material adduced on record by the prosecution, held petitioner-accused guilty of having committed offences punishable under Sections 279, 338 and 304A IPC and convicted and sentenced him as per description given herein above.

(3.) Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by learned trial Court, petitioner preferred an appeal before the learned Additional Sessions Judge, Fast Track Court, Shimla, however, the fact remains that the appeal came to be dismissed, as a consequence of which, findings of conviction recorded by learned trial Court were upheld. In this background, petitioner has approached this Court in the instant proceedings, seeking his acquittal after setting aside judgments of conviction recorded by both the learned Courts below.