SANTOSH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This criminal revision under Section 397 read with Section 401 Cr.P.C. is directed against the judgment dated 31.3.2009 passed by learned Sessions Judge, Mandi, District Mandi, H.P. in Cr. Appeal No. 14 of 2006 whereby he affirmed the judgment dated 4.10.2005 passed by learned Additional Chief Judicial Magistrate, Sundernagar, District Mandi, H.P. and the petitioner/accused (hereinafter referred to as the 'accused') has been convicted and sentenced to undergo simple imprisonment for 3 months each and to pay a fine of Rs.500/- each for offences punishable under Sections 279, 337, 338 and 304-A of IPC.

(2.) Briefly stated the facts necessary for the adjudication of this revision petition are that Harish Chander, ASI accompanied by Constable Lalman on 8.6.1997 received a telephonic information from Medical Officer, Sub Divisional Hospital, Sundernagar about the accident that had taken place at Ghangal Chowk, Sundernagar. On reaching the spot, he recorded the statement of Gupat Ram, complainant under Section 154 Cr.P.C. Ex.PW-5/A wherein he stated that he was resident of Baraga village Kullu and while taking his niece for treatment at IGMC, Shimla in a Van bearing registration No. HP-02- 2685, the bus came from the wrong side of the road and struck against the Van near BBMB Colony, Sundernagar, on the basis of which FIR came to be registered, pursuant to which investigation was carried out and on its conclusion, the accused/petitioner came to be challaned for offences punishable under Sections 279, 337, 338 and 304-A IPC.

(3.) The notice of accusation was put to the accused to which he pleaded not guilty and claimed trial.