LAWS(HPH)-2009-3-10

RAM CHAND Vs. STATE OF H P

Decided On March 31, 2009
RAM CHAND Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THE present criminal revision petition has been preferred by the convict-petitioner, against the concurrent findings of conviction and sentence, passed by the learned trial Court and affirmed in appeal, for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code.

(2.) IN brief, the facts giving rise to the present petition can be summed up thus. P. W. 2 Govind Ram and P. W. 3 Jagdish Ram visited Bilaspur on 22-3-1997, to attend annual Nalwari fair. In the evening after attending the fair with intention to return to their village, they came to bus stand Bilaspur at about 7 p. m. The petitioner herein was the driver of Bus No. HP-24-3401 plying on bilaspur-Brahmpurkhar road. It is alleged that when Govind Ram and Jagdish Ram were waiting for the bus, the accused-petitioner drove his bus rashly and negligently while entering into the bus stand, which was packed with the rush of passengers and sandwiched both of them against the building pillar and his bus. Consequently both of them suffered simple and multiple grievous injuries. Thereafter, they were removed to the hospital for providing them medicalaid.

(3.) THE police was informed. The statement of P. W. 2 Govind Ram, under Section 154 of the Code of Criminal Procedure was recorded, on the basis of which FIR was registered against the petitioner.