STATE OF HIMACHAL PRADESH Vs. REHMAT ALI

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment dated 3-5-1995 passed by the learned Sessions Judge, Sirmaur whereby the judgment dated 14-12-1993 passed by the learned Sub Divisional Judicial Magistrate (1), Paonta Sahib convicting the accused-respondent (hereinafter referred to as 'the accused') under Sections 279 and 304-A of the Indian Penal Code and sentencing him to suffer simple imprisonment for six months and to pay fine in the sum of Rs. 2000/- under Section 304-A, I.P.C. and in default of payment of fine to suffer further simple imprisonment for one month and to pay fine of Rs. 500/- under Section 279 of the Indian Penal Code and in default of payment of fine to suffer simple imprisonment for one month, has been set aside.

(2.) Case of the prosecution, in brief, is that on 14-8-1989 at 9.45 p.m. H.C. Chaman Lal and Constable Mahal Singh of Police Station Paonta were detailed for patrol duty by H.C. Baldev Singh. All these three police officials thereafter went towards Badripur in Mini Bus No. HIN-57 which was driven by the accused. At 10 p.m. the patrol party reached at the house of one Surjit Singh at Badripur who offered liquor to H.C. Baldev Singh and the accused. Both of them consumed two bottles of Una No. 1. Thereafter accused asked said Surjit Singh to provide more liquor and thus one half of Una No. 1 was brought by him and that too was consumed by the accused and H.C. Baldev Singh. These two police officials persuaded H. C. Chaman Lal and Constable Mahal Singh to share the liquor but they refused to do so. Thereafter accused and Baldev Singh asked H.C. Chaman Lal and Constable Mahal Singh to return to Paonta. The party then started their journey in the same bus back to Paonta. Thus bus was driven by the accused who was not able to drive the vehicle properly because he was under the influence of liquor. When they have travelled a distance of about 1/2 a kilometer the bus fell down in a pit as a consequence of the rash and negligent driving by the accused. H. C. Baldev Singh was crushed to death on the spot. After investigation in the matter the accused was challaned for the commission of the offence punishable under Sections 279 and 304-A of the Indian Penal Code. He came to be tried by the learned Sub Divisional Judicial Magistrate (I), Paonta Sahib who convicted and sentenced him as aforesaid vide his judgment dated 14-12-1993. Feeling aggrieved the accused preferred an appeal which was heard and decided by the learned Sessions Judge, Sirmaur at Nahan who by the impugned judgment set aside the conviction and sentence and acquitted the accused. Hence, the present appeal.

(3.) I have heard the learned Additional Advocate General and the learned counsel for the accused.