GOPI CHAND Vs. STATE OF H P

JUDGEMENT

(1.) Assailing the judgment dated 9.3.2006 passed by the Chief Judicial Magistrate, Shimla, H.P. in Cr. Case No. 12/2 of 2001, titled as State of H.P. vs. Gopi Chand, as affirmed by the Sessions Judge, Shimla, H.P. vide judgment dated 11.12.2006 in Criminal Appeal No. 21-S/10 of 2006, titled as Gopi Chand vs. State of Himachal Pradesh, the accused-petitioner has filed the present Revision Petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) It is the case of the prosecution that on 6.1.2001 accused was driving Bus No. HP-51-4350 on the Circular Road, Shimla. At about 9 a.m. when he reached near a place commonly known as Victory Tunnel, he stopped the bus for passengers to alight from the same. When one of its passengers Shri Mohan Lal, (deceased) was getting down, the accused suddenly started the Bus without any warning, as a result of which deceased hit his head with the door of the Bus and fell down. He sustained grievous injuries.

(3.) The incident was also witnessed by Constable Shri Ramesh Chand (PW-2), who was also posted on traffic duty near the place of occurrence of the accident. Shri Vinod Thakur (PW-4) took the deceased to Indira Gandhi Medical College, Shimla, for treatment, where he was declared dead.