PAWAN KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) Since, Cr. Revision No. 64 of 2009, and, Cr. Revision No. 65 of 2009, arise from a common charge(s), put to both the revisionists, and, whereon, on, conclusion of trial, the, petitioner Pawan Kumar, was, concurrently convicted, and, sentenced hence for his committing offences, punishable under Sections 279, 337, and, under Section 338 of the IPC, whereas, petitioner Guman Singh, stood convicted, and, sentenced, hence for his committing offences punishable, under Section 337, and, under Section 338 of the IPC, thereupon, both the afore criminal revision petitions, are amenable, for, a, common verdict being rendered thereon.

(2.) In brief, the prosecution case is that Pawan Kumar was driver of bus No. HP-07-5537, whereas, accused Guman Singh was conductor. On 9.2.2001, victim Meena Chauhan had boarded the afore bus at about 4.30 P.M.. along with her daughter, and, had been coming to their house at Khalini. When the aforesaid bus, reached near Khalini in between 4.30 to 5.00 p.m., one more bus bearing No. HP-07-3376 was already standing there. Accused Pawan Kumar, therefore, overtook the afore stationary bus No. HP-07-3376 and placed his bus in front of said bus No. HP-07-3376 and started alighting the passengers. When Victim Meena Chauhan had been alighting accused Guman Singh, all of a sudden blew the whistle and accused Pawan Kumar Started driving the bus without ensuring that all the passengers had alighted. Resultantly, victim Meena Chauhan fell down and sustained injuries on her back and other parts. ASI Amin Chand along with constable Sanjeet Kumar had been patrolling the area and on reaching Khalini, Mangal Singh who was present near a spop at the spot, made statement under Section 154, Cr.P.C., Ex.PW3/A, which was sent to Police Station, and, on the basis of the afore statement, FIR was registered. Thereafter the police carried out the investigations in the case.

(3.) On conclusion of the investigations, into, the offences, allegedly committed by the accused, a report, under Section 173 of the Code of Criminal Procedure, was prepared, and, filed before the learned trial Court.