UDHAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was tried and convicted under sections 304 -A, 337 and 338 Indian Penal Code by Chief Judicial Magistrate Kangra at Dharamsala. The petitioner was awarded rigorous imprisonment of two years under the first count, six months under the second count and one year under the third count. His appeal was dismissed by Shri D.P. Sood Additional Sessions Judge. He has come to this Court in revision.

(2.) The facts are not in dispute. The only contention raised is whether on the given facts it can be said that the petitioner was guilty of rashness or negligence.

(3.) The petitioner is a driver of truck No. KPK 268. On 25th April, 1975 a marriage party consisting of about 25 persons boarded this truck. The bride and bridegroom sat beside the driver while others sat in the body of the truck. It was to go from Sahara to Dargola. Before reaching one of the curves the driver raised an alram that the brakes of the truck had failed. The driver swerved the vehicle and dashed against the hill side. The truck turned turtle and two persons, namely, Behari Lal and Beer Singh, died as a result of the accident whereas various other persons received injuries. It was alleged that the petitioner was driving the vehicle rashly or negligently and, therefore, the accident took place.