Decided on May 12,1997

Koma Nand Appellant
STATE OF H P Respondents


ARUN KUMAR GOEL, J. - (1.)KOMA Nand petitioner has questioned his conviction and sentence imposed by Sub Divisional Judicial Magistrate, Kandaghat dated 11.9.1992 under Section Sections 279/337 and 338, I.P.C., which was upheld in appeal by Shri R.S. Negi, Sessions Judge, Solan at Solan, H.P.
(2.)PETITIONER was prosecuted for having committed offences under Sections 279/337/338 of the I.P.C. According to prosecution, the petitioner was working as a driver with Himachal Road Transport Corporation (hereinafter referred to as the H.R.T.C.) and on 27.6.1990 a telephonic information was received in Police Station Kandaghat that the bus belonging to the H.R.T.C. has met with an accident near Gaura and needful be done (sic). Swaran Singh accompanied by other staff from the Police Station Kandaghat left for the spot, but since darkness had set in by the time the party reached the spot nothing could be done on that day, both the petitioner as well as the conductor of the bus were not found on the spot. Next morning it transpired that the bus bearing registration No. HPA -6329 had fallen into Khud which was being driven by the respondent in a rash and negligent manner resulting in the accident in question. Passengers who were in the bus according to prosecution made requests to the petitioner to slow down the bus in question but of no avail and he continued to drive the same at high speed. As a result of this act of rash and negligent driving on the part of the petitioner, it rolled down the khud resulting in causing simple as well as grievous injuries to number of occupants. A.S.I. Swaran Singh sent a Ruqua Ex. PW.8/A from the spot on the basis of which FIR no. 46 of (sic) Ex. PW.8/B came to be registered at Police Station, Kandaghat.
(3.)DURING the course of investigation, the bus was salvaged from the Khud and was taken into possession as also it was got mechanically examined from a mechanic PW.11 Amar Singh. Injured passengers were got medically examined and medico legal certificates in respect of such passengers were also taken from the Medical Officer concerned. Exhibit PW.7/A, Ex. PW (sic) and Ex. PW.7.J were medical certificates in respect of passengers viz. Satya (sic.), Deena Devi, Sujata, Partiksha, Kala, Partasha, Jai Ram, Baldev Singh, (sic.) Krishan and Jaishi Ram. It was found in the aforesaid medical certificates that the injuries sustained by these persons were simple in nature. Vide Ex. P (sic.) it was opined that Mast Ram passenger had sustained grievous injury. In this behalf it may also be appropriate to mention that reference is made to the cross -examination of doctor in this behalf, it is evident that there is no serious dispute regarding the aforesaid persons having sustained injuries as a result of accident in question.
After completion of the investigation, challan was put in Court against the petitioner where notice of accusation for being guilty of offences under Sections 279/337/338 of the I.P.C. was issued to him to which he pleaded not guilty. After completion of trial the petitioner was convicted as under : Offence Sentence 1. 27 I.P.C. 6 months R.I. and fine of Rs. 1000/ -. In case of non - payment of fine 2 months further R.I. 2. 337 I.P.C. 6 months R.I. and fine of Rs. 500/ -. In case of non -payment of fine 2 months further R.I. 3. 338 I.P.C. 9 months R.I. and fine of Rs. 1000/ -. In case of non -payment of fine 3 months further R.I. All the sentences were to run concurrently.

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