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2008 Supreme(SC) 1062

ARIJIT PASAYAT, MUKUNDAKAM SHARMA, P.SATHASIVAM
Raj Kumar – Appellant
Versus
State of H. P. – Respondent


Judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the Judgment of a learned Single Judge of the Himachal Pradesh High Court dismissing the criminal revision filed by the appellant. Learned Sub Divisional Judicial Magistrate, Dalhousie, District Chamba, H.P. had convicted the appellant for offences punishable under Sections 279 and 304A of the Indian Penal Code, 1860 (in short ‘IPC’). He was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1,000/- with default stipulation for the offence relatable to Section 304A and simple imprisonment for three months for the other offence. The appeal filed by the appellant before the learned Sessions Judge, Chamba, was dismissed.

2.A revision petition was filed before the High Court questioning conviction as well as sentence, which as noted above was dismissed.

3.The prosecution version as unfolded during trial is as follows :

On 16.6.1990, one Shri Mast Ram (PW-7) was travelling in bus bearing registration No.HTC 34 belonging to Himachal Road Transport Corporation (in short ‘HRTC’) alongwith his wife and four children from Surgani to Pathankot. On the way, at Tunu Hatti, bus No.PJC-4075 belonging to Punja










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