RAVI KUMAR Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-7-109
HIGH COURT OF UTTARAKHAND
Decided on July 01,2013

RAVI KUMAR Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Pw 1 Heera Lal , on 27.04.2002, lodged a first information report against the driver of bus no. UP-07 L- 9425, which was registered as case crime no. 34 of 2002 for the offences punishable under Sections 279, 338, 427 and 304A IPC.
(2.) Pw 1 Heera Lal, PW 2 Jitendra Singh, PW 3 Dr. G.C. Dhaundiyal and PW 4 Rajpal were examined on behalf of the prosecution. Incriminating evidence was put to the accused, to which he pleaded not guilty to the allegations levelled against him and claimed trial. No evidence was given in defence. After considering the evidence on record, learned Judicial Magistrate (CBI), Dehradun, found the accused-revisionist guilty of the offences complained of against him. He was sentenced to undergo simple imprisonment for six months for each offence, which were directed to run concurrently vide order dated 19.10.2005. Aggrieved against the said order of learned Judicial Magistrate (CBI), Dehradun, Criminal Appeal was preferred before the Court of Sessions, which was decided by the learned Assistant Sessions Judge/FTC, Dehrdun, vide order dated 20.08.2007. The criminal appeal preferred by the accused-revisionist was dismissed and the Judgment and Order passed by the Magistrate was affirmed. Aggrieved against the order dated 20.08.2007, present Criminal Revision was preferred by the accused-revisionist.
(3.) Pw 1 wrote in the complaint (Ext. Ka-1) that his son Ajay Bhatt (since deceased) and Pushpendra Kumar (injured) were coming on their scooter no. UP 07 G-8160 on the fateful day, at around 8:30 a.m., from Dakpatthar, Dehrdun, bus no. UP 07 L-9425 was coming from Dehradun to Dakpatthar. The bus driver was driving the bus rashly and negligently. The bus driver hit the scooter at around 10:20 a.m. The scooter driver as well as the pillion rider were admitted in the hospital. Their condition was serious.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.