The courts upheld the conviction under Sections 279, 337, 338, 304-A of IPC based on the prosecution's evidence of rash and negligent driving, despite the accused's claims of mechanical failure.

Sandeep Sharma, J.

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:-

279 IPC - S.I. for three months and to pay fine of Rs. 500/-. In default of payment of fine to undergo S.I. for one month.

337 IPC - S.I. for three months and to pay fine of Rs. 250/-. In default of payment of fine to undergo S.I. for one month.

338 IPC - S.I. for six months and to pay fine of 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 undergo S.I. for three months.

2. Briefly stated facts, as emerge from the pleadings 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 compete with the bus bearing No.HP-51-3405 belonging to Vinay Nanda, which was also going from Shimla to Kyari in order to pick up the passengers. Accordingly, the police registered the case against the accused for having committed the offence punishable under Sections 279, 337, 338, 304-A of IPC and under Section 181 of the Motor Vehicles Act. During investigation, it transpired that the alleged accident occurred due to rash and negligent driving of the accused, who admittedly with a view to compete private bus bearing registration No.HP-51-3405 was driving the bus at a very high speed and in that process, he lost control over the bus while negotiating the curve. During the investigation, accused also failed to produce his driving licence and as such, he was booked under the offence punishable under Section 181 of the Motor Vehicles Act. Police after completion of the investigation, presented the challan in the competent Court of law.

3. Learned trial Court after satisfying itself that a prima-facie case exists against the accused, framed charges under Sections 279, 337, 338 and 304-A of IPC against the accused, to which accused pleaded not guilty and claimed trial.

4. In the present case, prosecution with a view to prove its case beyond reasonable doubt examined as many as 16 witnesses. The statement of accused under Section 313 Cr.P.C. was also recorded, wherein he stated that the accident took place due to failure of brakes of the bus. However, he did not lead any evidence in his defence.

5. Thereafter, learned trial Court on the basis of the evidence made available on record by the prosecution found accused guilty of having committed the offence punishable under Sections 279, 337, 338 and 304-A of IPC and accordingly convicted and sentenced the accused, as per the description given hereinabove.

6. 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 unde