STATE OF HIMACHAL PRADESH Vs. SUBHASH VERMA

JUDGEMENT

(1.) Both appeals, arising out of same judgment, are being decided together by this common judgment, as findings of lower Courts are to be appreciated on the basis of common evidence, facts and circumstances.

(2.) Subhash Verma, respondent in Criminal Appeal No. 466 of 2007, was driver and Duni Chand, respondent in Criminal Appeal No. 478 of 2007, was conductor of bus involved in the accident.

(3.) Prosecution case, in brief, is that on 7.10.2003 a telephonic information was received from anonymous person in Police Station Kotkhai, informing thereby to the Police that one person, who was travelling on the roof of bus and brought for treatment to Kotkhai, on receiving injuries, had expired. After receiving this information Investigating Officer PW-7 H.C. Ranjeet Singh rushed to the hospital along with Police officials and had recorded statement Ex. PW-7/A of complainant PW-8 Het Ram under Section 154 Cr.P.C. and sent the same as Ruka to Police Station, Kotkhai for registration of FIR, whereupon FIR Ex. PW-6/A was registered under Sections 279, 336, 201 and 304-A IPC read with Sections 181, 134 and 177 of M.V. Act. PW-8 Het Ram in his statement Ex. PW-7/A had stated that on 7.10.2003 at about 10:30 A.M. private bus No. H.P.-09A-0698 was boarded by him along with Girdhari Lal, Bhoop Singh, Pawan and Kuldeep for going to Shimla and when they were boarding the bus, conductor of the bus had told them that there is no space inside the bus and had asked to sit on the roof of the bus, whereupon, he along with his cousin Girdhari Lal, Bhoop Singh, Pawan and Kuldeep had sat on the roof of the bus after taking tickets from the conductor and after travelling a distance of about 2 Kilometers when the driver was driving the bus in high speed, a branch of the tree had hit the head of his cousin Girdhari Lal whereupon Girdhari Lal had fallen unconscious and blood was also oozing out of the injury on his head and thereafter with great difficulty by raising hue and cry bus was got stopped and Girdhari Lal was brought for treatment to Kotkhai. Driver of the bus had dropped them on the upper side of the hospital on the road and had left towards Shimla. Girdhari Lal was declared brought dead by the Medical Officer in the hospital.