BHASHKARA NAND Vs. STATE OF UTTARANCHAL AND ANOTHER
HIGH COURT OF UTTARAKHAND
State of Uttaranchal and another
Click here to view full judgement.
(1.) This revision is directed against the judgment and
order dated 26.08.2002 rendered by Sessions Judge, Chamoli in
criminal appeal no. 16 of 1999 titled as Bhashkara Nand Vs.
State. In the said judgment, learned Sessions Judge affirmed the
judgment and order dated 26.10.1999 passed by Chief Judicial
Magistrate, Chamoli-Gopeshwar in criminal case no. 519 of
1998 titled as State of U.P. Vs. Bhashkara Nand. Accused
revisionist was tried by the learned Magistrate for the offence
under Section 279, 337, 338, 427 IPC pertaining to Police Station
Ukhimath, District Rudraprayag, crime no. 24 of 1998.
(2.) Accused Bhashkara Nand on the fateful day i.e. on
23.04.1998 was plying a bus bearing no. UP 05 0411 from
Rudraprayag to Makkoo. At about 02.30 p.m. the bus was
turned over due to rash and negligent driving of accused
revisionist. Due to the accident, passengers who were travelling
by the said vehicle, became injured and the bus driver escaped
from the spot. A number of passengers were admitted to the
local hospital and a case was registered against the driver.
After submission of charge sheet by the police, the case was
tried by the learned Magistrate.
(3.) This Court has gone through the judgment of court
below, which manifests a vital and elaborate discussion
regarding testimony of fact witnesses, who were passengers too
in the said bus. They all have deposed that accused revisionist
was driving the bus rashly and negligently, as to cause this
accident. Tape recorder of the bus was also on at the time of
plying the same. Revisionist was persuaded by passengers to
keep the speed of vehicle in control but he did not listen to
them. This all caused accident making a number of passengers
seriously injured besides, the damage to the bus which was
property of the informant.;
Copyright © Regent Computronics Pvt.Ltd.