AJAY RANA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner challenges his conviction by learned Sessions Judge in Criminal Appeal No. 11 -S/10 of 2002 decided on 4.3.2003, whereby the Petitioner was sentenced to undergo simple imprisonment for a period of six months and fine of Rs. 1,000/ - under Section 279 and simple imprisonment for a period of two years and fine of Rs. 5,000/ - for committing an offence under Section 304 -A of the Indian Penal Code.

(2.) THE brief facts of the case are that on 19.9.1997 the statement of complainant Sh. Ved Parkash was recorded under Section 154 Code of Criminal Procedure to the effect that he had parked his vehicle mini -truck (Tata -407) near S.S.B. Training Centre Gate Dharampur. The truck was loaded at the point of time as it was carrying goods. The truck was parked because it had some mechanical defect. The complainant along with the driver were sleeping on the road in front of their vehicle by spreading a 'Tarpolin'. At about 1 a.m., he heard a noise striking something with the vehicle and the driver of the truck started screaming as the left tyre of the truck had run over his chest. He saw that a taxi -van bearing registration No. HP -02 -0685 had rammed into the truck. The vehicle could not be shifted but the driver could only be released after a jack had been put under the engine and the truck raised on it. The accused was charged for offences under Sections 279 and 304 -A of the Indian Penal Code.

(3.) I have heard learned Counsel for the parties and have gone through the record.