The sufficiency of evidence from police officials, the credibility of witness testimonies, and the consideration of age and time elapsed in modifying the sentence.

Kuldip Singh, J.

The petitioner has suffered conviction in both the Courts below under Sections 279, 337, 338 IPC, he has assailed judgment dated 21.2.2005 passed by learned Sessions Judge, Hamirpur in Criminal Appeal No. 06 of 2004 affirming judgment dated 3.6.2004 passed by learned Judicial Magistrate 1st Class, Barsar in case No. 44-1 of 2004/45-II-2003.

2. The prosecution case in brief is that on 23.3.2004 PW-10 ASI Raj Kumar alongwith PW-8 H.C. Anil Kumar received information that accident had taken place, they reached Chakmoh. The statement Ex.PW-1/A of PW-1 Malu Ram under Section 154 Cr.P.C. was recorded. PW-1 stated that he was driver of Gypsy bearing No. HP-22-0029 and was on duty with Sub Divisional Police Officer, Barsar, PW-9 P.N. Banyal on 23.3.2003. They were coming from Deotsidh temple and were going to Chakmoh. At about 2.p.m. one kilometer from Chakmoh near Jaralmod a bus bearing No. HP-39-5685 came from the opposite side which was being driven in rash and negligent manner by the petitioner. PW-1 turned his Gypsy on the left side berm of the road but bus hit the Gypsy.

3. PW-1 further stated that on account of accident, the right side of the Gypsy was damaged and the occupants of the Gypsy sustained injuries. The accident took place due to rash and negligent driving of the petitioner. The rukka was sent to the Police Station, thereupon FIR Ex.PW-6/A was registered. The medical examinations of the injured were got conducted. The vehicles were subjected to mechanical examination. The spot map was prepared. The injuries sustained by Jaswant Singh were grievous. On completion of investigation, the challan was submitted in the Court.

4. The notice of accusation was put to the petitioner, who pleaded not guilty and claimed trial. The prosecution examined 11 witnesses and produced some documents. The statement of petitioner was recorded under Section 313 Cr.P.C. He denied the prosecution case but led no evidence in defence. On conclusion of trial, learned Magistrate on 3.6.2004 convicted the petitioner for offences punishable under Sections 279, 337, 338 IPC and sentenced him under Section 279 IPC simple imprisonment for six months and fine of Rs.1000/-, under Section 337 IPC simple imprisonment for six months and fine of Rs.500/-, under Section 338 IPC, simple imprisonment for six months and fine of Rs.1000/-with default clauses. The sentences were ordered to run concurrently. The appeal filed by the petitioner has been dismissed by learned Sessions Judge, Hamirpur on 21.2.2005, hence revision.

5. I have heard Mr. Ajay Sharma, learned counsel for the petitioner and learned Additional Advocate General for the respondent and have also gone through the record. The learned counsel for the petitioner has submitted that the two Courts below have erred in convicting and sentencing the petitioner, the evidence has been misinterpreted. The inference drawn from the evidence is wrong. Only interested witnesses were examined by prosecution, no person from the bus was associated in the investigation nor examined in the Court. The sentence imposed is excessive. The submission has been made for acceptance of the revision.

6. The learned Additional Advocate General while supporting the impugned judgment has submitted that the two Courts below on appreciation of evidence have recorded concurrent findings of facts. The evidence is not to be re-appreciated in revision, she has submitted that there is no misinterpretation of evidence. The view taken by the two Courts below emerges from the evidence. She has submitted for dismissal of the revision.

7. PW-1 Malu Ram has stated that he was driving gypsy HP-22-0029 on 23.3.2003 and Dy.S.P. Banyal, gunman Jaswant Singh and Ravinder were also in the gypsy. At about 2.10 p.m. they were one kilometer ahead Chakmoh towards Bijhar, New Prem Bus No. HP-39-5685 came from opposite side in high speed and on seeing the bus, he turned gypsy on the berm of the road. The bus driver did not apply