KUSHAL SINGH Vs. STATE OF H.P.

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 Barh Bhag 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.PW -1/A.

(3.) DURING the investigation of this case, a mechanical examination of both the vehicles was got conducted from police Mechanic Sh. Sawrup Lal (PW6). He submitted his reports Ex.PW -6/A&B. The police also obtained medical certificate of the injured persons. Smt,. Sheelawanti had sustained grievous injuries on her person and others had sustained multiple simple injuries. After recording the statements of the witnesses, the challan was presented in the court against the petitioner for his trial.