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Showing contexts for: SHIMLA in Sita Ram vs State Of Himachal Pradesh on 16 August, 2016Matching Fragments
Instant Criminal Revision Petition filed under Section 397/401 of the Code of Criminal Procedure, is directed against the judgment dated 1.6.2010, passed by learned Additional Sessions Judge, Shimla, H.P. in Criminal Appeal No. 36-S/10 of 2006, affirming the judgment dated 8.6.2006, passed by learned Judicial Magistrate Ist Class, Theog, District Shimla in Criminal Case No.90-1 of 2001, whereby the petitioner (in short "accused') was convicted under Sections 279, 337,338, 304-A of IPC and sentenced as under:-
Rs.500/-. In default of payment of fine to undergo S.I. for two months.
304-A IPC S.I. for one year and to pay fine of Rs.1000/-. In default of payment of fine to of undergo S.I.for three months.
2. Briefly stated facts, as emerge from the pleadings rt are that on 4.11.2000, a private bus bearing registration No. HP-16-1020 was going from Shimla to Khaneti, which was being driven by accused Sita Ram. As per story of the prosecution, bus was having about 40 passengers at the relevant time. A private bus bearing registration No.HP-51-3405 was going ahead of aforesaid bus and when aforesaid bus, which was being driven by the accused, reached near place Gajeri, it fell down in a gorge about 200 feet down side of the road as the accused failed to control the same while negotiating the curve.
Unfortunately, 7 passengers died at the spot and about 26 passengers received simple as well as grievous injuries in the ill-fated accident. As per prosecution, bus was being driven rashly and negligently at a very high speed by the accused. As per the version put forth on behalf of the prosecution, accused was driving said bus in a very high speed and was trying to ...3...
compete with the bus bearing No.HP-51-3405 belonging to Vinay Nanda, which was also going from Shimla to Kyari in .
6. rt Feeling aggrieved and dissatisfied with the impugned judgment/ order dated 8.6.2006/9.6.2006, passed by learned trial Court, present petitioner-accused filed an appeal under Section 374 of the Code of Criminal Procedure before the learned Additional Sessions Judge, Shimla, which was also dismissed vide judgment dated 1.6.2010. Hence, the present criminal revision petition, praying therein for quashing and setting-aside the impugned judgment of conviction and order of sentence, passed by learned trial Court and further upheld by learned Additional Sessions Judge, Shimla.