BHUPINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant has challenged his conviction, passed by the learned trial Court, in Sessions Trial No. 10 -N/7 of 2006, decided on 17.1.2008, whereby he was convicted and sentenced under Section 304 Part -II of the Indian Penal Code and was ordered to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 20,000/ - and in default of payment of fine to further undergo imprisonment for a period of one year. The benefit of Section 428 of the Code of Criminal Procedure was also given to him.

(2.) THE appellant along with his co -accused Surender Singh and Dev Raj were tried for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, in short "the Code", for allegedly causing the murder of Jawahar Lal and Jaswant Singh by crushing them under the truck No. HP -14 -4425 and the appellant herein was also tried for the offence under Section 181 Motor Vehicles Act. The prosecution failed to prove the charges against co -accused Surender Singh and Dev Raj and under Section 181 of the Motor Vehicles Act against the appellant, as such, they were acquitted whereas the appellant was convicted and sentenced under above offences.

(3.) ON seeing this, Jaswant Singh (the another deceased) went into the front of the truck with an idea to stop it, but he was hit by the truck and was crushed under the tyres of the truck.