Vinod Prasad, J. - (1.) The revisionist Munna Lal @ Munna Babu has filed the above noted revision challenging his conviction under Sections 279, 337, 338, 427, 304-A IPC and sentences of six months RI for each offences, Under Section 279, 337 IPC, one year RI for each offences, Under Section 338 and 427 IPC and two years R.I. and a fine of Rs. 1000/- Under Section 304-A IPC and in default of payment of fine to under go to six months further imprisonment, passed by Munsif Magistrate, Lower Criminal Court, Budaun, in Criminal Case No. 341 of 1981 and affirmed by I Additional District and Sessions Judge, Budaun, in Criminal Appeal No. 105 of 1984, Munna Lal @ Munna Babu v. State vide its judgment and order dated 23.5.1985.
(2.) The revisionist, according to the prosecution case, was the driver of Bus No. UPO 4715. which was under contract with UPSRTC. The said bus started for Haridwar from Budaun on 3.1.1981 at about 7 A.M. with Pashupati Nath (P.W.4) as its conductor. At about 8.45 the revisionist, who was the driver of the said bus collided it with another UPSRTC Bus No. UTH 1654 near village Bhatpura, P.S. Bisauli, district Budaun. The collision was of such a magnitude that three persons including Taufiq Alam and Sadiq Khan died on the spot and two others (identity of three others could not be established) succumbed to the injuries in the hospital later on. Several other passengers including the drivers and conductors of both the buses suffered injuries in the collusion. Virendra Kumar Verma, T.I. UPSRTC. (P.W. 1), lodged the report about the said collusion at P.S. Bisauli, district Budaun, at 9.45 A.M, covering a distance of six kms east, against the revisionist Under Section 304A IPC. After the investigation the charge sheet was submitted against the revisionist accused who was tried by Munsif Magistrate, Lower Criminal Court, Budaun.
(3.) In the trial the prosecution examined in all 14 witnesses. Out of them P.W. 1 Virendra Kumar Verma T I, UPSRTC, Bisauli was the informant, P.W. 2 Jas Pal Saran was the conductor of the other bus No. UTI 1654, P.W. 3 Siddiq Ahmad was an independent witness and P.W. 4 Pashupati Nath was the conductor of the bus driven by the accused being bus No. UPO 4715, Other witnesses included some passengers and doctors. They were P.W. 5 Lochan Singh, P.W. 6 Ram Autar, P.W. 7 Kalloo, P.W. 8 Chandra Pal, P.W. 9 Dr. M.P. Gupta, (who had examined the injuries of the injured Ram Autar, Yash Pal Saran and Ramesh), P.W. 10 Dr. S.N. Kaur (who had examined injuries of Mori Chandra, Lochan, Ram Prakash Sushil, Pashupati Nath, sukhbir and Harish Chandra Varsney), P.W. 11 H.C. MT Gorey Lal and P.W. 12 K.R. Khan, who had conducted the autopsy on the dead body of the unknown deceased persons. Post Mortem Report and the injury reports were duly proved and exhibited. Amongst the injured, which included the present revisionist as well, there was a single grievous injury sustained by Udai Bhan Singh. The trial court believed the prosecution version convicted and sentenced the revisionist as has been mentioned in the opening part of this judgment. The lower appellate court concurred with the trial court in its findings and sentences and hence this revision.;