PREM SINGH Vs. STATE OF HIMACHAL PRADESH& OTHERS

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No.86 of 2004, dated 19.6.2004, under Sections 279 & 304A of Indian Penal Code( for short 'IPC'), registered at Police Station, Karsog, District Mandi, H.P.,and consequential proceedings arising thereof i.e. judgment dated 24.4.2007, passed by learned Sub Divisional Judicial Magistrate, Karsog, District Mandi, H.P, in Criminal Case No.26II of 2004 and judgment dated 9.9.2010, passed by learned Additional Sessions Judge, Mandi (Camp at Karsog) District Mandi, H.P., in Criminal Appeal No.21 of 2007.

(2.) Facts, as emerge from the record are that aforesaid FIR came to be registered against the accused at the behest of the complainant, Smt. Pamila Sen (PW4), who alleged that she was posted as Teacher at Government Primary School, Chindi since 1997. On 19.6.2004, she was conducting first term examination of the student of 1st class. After examination, she brought all the students of first class near the stair case in order to facilitate them to cross the road adjacent to the school. In the meanwhile, tractor bearing No. HP302497 came there from Chindi Bazar side towards Bakhrot, which was being driven by the accused in a high speed and it struck with Kumari Ram Payari, as a result of which, she died on the spot. On the basis of the aforesaid complaint having been filed by the complainant, FIR, detailed hereinabove, came to be lodged against the petitioneraccused. After completion of the investigation, police presented the challan in the competent Court of law i.e. Sub Divisional Judicial Magistrate, Karsog, District Mandi, H.P., who on being satisfied that a primafacie case exists against the accused put him notice of accusation for having committed the offences punishable under Sec. 279 and 304A of Penal Code. Subsequently vide judgment dated 24.4.2007, learned trial Court held the accused guilty of having committed the offences, referred hereinabove, and sentenced him to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.1000/ for the offence punishable under Sec. 279 Penal Code and rigorous imprisonment for a period of one year and to pay fine of Rs. 1000/ for the offence punishable under Sec. 304A Penal Code and in default of payment of fine, to undergo rigorous imprisonment for six months.

(3.) Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the learned trial Court, accused preferred an appeal in the Court of learned Additional Sessions Judge, Mandi( Camp at Karsog), District Mandi, H.P, which also came to be dismissed. In the aforesaid background, petitioneraccused has approached this Court in the instant proceedings, praying therein for quashing of FIR as well as judgments of conviction passed by the learned Courts below.