KAMLESH TIWARI Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) Accused revisionist was tried for the offences
punishable under Sections 279, 337, 338, 427, 304-A I.P.C.
and was convicted under Sections 279 and 304-A I.P.C.
vide judgment and order dated 12.08.2005, passed by
learned Judicial Magistrate, Didihat. The convict was
awarded three months' simple imprisonment alongwith a
fine of Rs. 5,000/- under Section 279 I.P.C. The convict
was also convicted under Section 304-A I.P.C. and was
awarded rigorous imprisonment for six month alongwith a
fine of Rs. 1,000/- under Section 304-A I.P.C. Accused was
exonerated under Section 337 and Section 338 I.P.C.
Aggrieved against his conviction, a Criminal Appeal was
preferred before Sessions Judge, Pithoragarh, who
dismissed criminal appeal, vide judgment and order dated
3.3.2006. The conviction and sentence awarded to the
accused was affirmed. Aggrieved against the impugned
order, present criminal revision was preferred.
(2.) The prosecution story was that, on 20.11.2001,
when informant Harish Chandra Bhatt was going with his
father on 20.11.2001 at 08.00 a.m., a Jeep coming from
Pithoragarh was stopped for the sake of boarding. The
driver of the Jeep stopped his vehicle. The father of
informant was about to sit in the jeep. In the meantime, a
Tata Specio came from behind the jeep and crushed the
father of the informant. Whereas the jeep was static, the
driver of Tata Specio drove the vehicle rashly and
negligently, hit Bhawani Dutt Bhatt (victim) and killed him.
The jeep was also damaged. The victim was taken to district
hospital, Pithoragarh, but he was declared, 'brought dead'.
F.I.R. was lodged by the son of the deceased, and after
investigation of the case, a charge-sheet was submitted
against the accused. Accused pleaded not guilty and
claimed trial when his statements were recorded.
(3.) P.W. 1 Ghanshyam Bhatt, P.W.2 Chanchal
Singh, P.W. 3 Bal Kishan, P.W. 4 Sanjay Singh Bhandari,
P.W. 5 Vipin Chandra Tiwari, P.W. 6 Kailash Chandra,
P.W. 7 Harish Chandra Bhatt and P.W. 8 Constable Vinod
Kumar were examined on behalf of the prosecution. When
the statement of the accused under Section 313 Cr.P.C. was
taken, he denied the allegations and said that he was falsely
implicated in the case. No evidence was given in defence.;
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