IMPORTANT POINT
Negligent driving resulting in death and injury constitutes a violation of IPC Sections 279, 338, and 304A, warranting conviction and appropriate sentencing.

JUDGMENT :

(Ravindra Maithani, J.) :

The challenge in this revision is made to the following:-

(1) Judgment and order dated 30.09.2023, passed in Criminal Case No. 125 of 2023 (Old Criminal Case No.144 of 2019), State vs. Shri Ritesh Verma, by the court of Civil Judge (S.D.)/Judicial Magistrate, Pithoragarh (“the case”). By it, the revisionist has been convicted under Sections 279, 338, 304A IPC and sentenced as hereunder:-

(i) Under Section 279 IPC- to undergo rigorous imprisonment for a period of six months.

(ii) Under Section 338 IPC- to undergo rigorous imprisonment for a period of two years.

(iii) Under Section 304A IPC- to undergo rigorous imprisonment for a period of two years.

(2) Judgment and order dated 20.02.2024, passed in Criminal Appeal No. 69 of 2023, Rohit Singh Vs. State of Uttarakhand, by the court of Sessions Judge, Pithoragarh (“the appeal”). By it, the appeal has been dismissed and the judgment and order passed in the case affirmed."

2. Heard learned counsel for the parties and perused the record.

3. The case is based on an FIR lodged by PW1 Devraj Singh. According to it, on 08.11.2018, his sister Neha Mehta along with her two children were coming from a vehicle bearing no.UK 05 TA 1077 (“the vehicle”), which was driven by the revisionist. The revisionist was driving the vehicle in a high speed, and negligently due to which the revisionist lost control over the vehicle & it toppled over. The revisionist managed to escape from the place of incident. The deceased Neha Mehta succumbed to the injuries and other persons sustained injuries. Based on this report an FIR No.114 of 2018, under Sections 279, 338 and 304A IPC was lodged at P.S. Kotwali, Pithoragarh. The inquest of deceased Neha Mehta was prepared and post-mortem conducted. The medical examination of other injured was also done. The Investigating Officer prepared site plan of the place of incident; the vehicle was examined technically and after investigation, charge-sheet was submitted against the revisionist. It is basis of the case.

4. The prosecution examined as many as 10 witnesses, namely, PW1 Devraj Singh, PW2 Tanuj Mehta, PW3 Km. Sakshi Mehta, PW4 Dr. Hari Shankar Kaushik, PW5 Harish Joshi, PW6 SI M.T. Shyam Dutt Kandpal, PW7 SI Akshu Rani, PW8 Dr. Lavi Punetha, PW9 SI Vikas Kumar and PW10 Vikram Singh.

5. The revisionist was examined under Section 313 of the Code of Criminal Procedure, 1973 (“the Code”). According to him, the accident occurred due to failure of break; he was not negligent. The revisionist also examined DW1 Pooran Singh in his defence.

6. By the impugned judgment and order, the revisionist has been convicted and sentenced, as stated hereinbefore.

7. Learned counsel for the revisionist would submit that the court below has wrongly assumed that had the breaks been failed, the vehicle would have hit the hills and would not have toppled over the other side.

8. PW1 Devraj Singh is the informant in the FIR. PW2 Tanuj Mehta and PW3 Km. Sakshi Mehta respectively, both were passengers in the vehicle. The vehicle met with an accident. They have stated that on the date of incident, they sat on the vehicle, the driver started moving the vehicle very fast. PW3 Km. Sakshi Mehta asked the driver to slow down his vehicle, but he did not take care of that advice and he drove the vehicle very fast, due to which, the accident took place in which PW2 Tanuj Mehta sustained injuries and PW3 Km. Sakshi Mehta also sustained injuries. His real mother had expired.

9. PW4 Dr. Hari Shankar Kaushik conducted the postmortem of deceased Neha Mehta, he has proved his report. According to him, the death was caused due to hemorrhage and shock.

10. PW5 Harish Joshi is the writer of the FIR. PW6 SI M.T. Shyam Dutt Kandpal examined the vehicle. He found that the breaks were not in good conditions. PW7 SI Akshu Rani is the witness of inquest of deceased Neha Mehta. PW8 Dr. Lavi Punetha was examined on 18.11.2018 and he proved the injury reports. PW9 SI Vikas Kumar is the