LAWS(HPH)-2009-3-4

KUSHAL SINGH Vs. STATE OF H P

Decided On March 28, 2009
KUSHAL SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The present criminal revision petition has been filed by the petitioner against the concurrent findings of his guilt for the offences punishable under Sections 279,337 and 338 of the Indian Penal Code, whereby the petitioner was sentenced to undergo simple imprisonment for a period of three months and to pay a fine of Rs. 500 for each of the offences under Sections 279 and 337 IPC and to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 1,000 under Section 338 I.P.C.

(2.) Precisely, the facts of the case which have given arisen to the present petition are that on 22.11.1995 complainant PW1 Sh. Rajesh Kumar was driving his Maruti Van bearing registration No. DDA-1093 with his family members, namely, Sheelawanti, Bakshish Singh and Ajit Singh and were going to Baba Barhbhag Singh in District Una. According to the complainant he was driving in a moderate speed. When he reached at a place known 'Lalsingi', an H.R.T.C. bus bearing No. HP-37-0301 came from the opposite side which was being driven by the petitioner herein, rashly and negligently. It hit the side of the Maruti Van, consequently, his Van over-turned with its impact on the road side and the occupants of the vehicle sustained injuries. They were immediately removed to the hospital for medical treatment and Rajesh Kumar (PW1) informed the police and lodged a report Ext. PW1/A.

(3.) The police reached the spot, took into possession the documents of the Van along with driving license of Rajesh Kumar vide memo Ext. PW1/B. The accused/petitioner was arrested and enlarged on bail.