KISHORI LAL Vs. STATE OF H.P.
LAWS(HPH)-2017-9-5
HIGH COURT OF HIMACHAL PRADESH
Decided on September 08,2017

KISHORI LAL Appellant
VERSUS
STATE OF H.P. Respondents




JUDGEMENT

TARLOK SINGH CHAUHAN,J. - (1.)The petitioner was tried for offences under sections 279, 337 and 304-A of the Indian Penal Code and convicted by the learned Chief Judicial Magistrate in the following manner:
i) Simple imprisonment for a period of three months and fine of Rs. 1000/- and in case of default to undergo SI for a period of one month Whether reporters of the local papers may be allowed to see the judgment? yes for the commission of offence punishable under section 279 of IPC;

ii) Simple imprisonment for a period of three months and fine of Rs. 500/- and in default to undergo SI for a period of 15 days for the commission of offence punishable under section 337 of IPC; and

iii) Simple imprisonment for a period of one year and fine of Rs. 3000/- and in default to undergo SI for a period of three months for the commission of offence punishable under section 304-A of IPC All the sentences were ordered to run concurrently.

(2.)Aggrieved by the judgment of conviction, petitioner preferred an appeal before the Sessions Judge, Hamirpur, which ultimately came to be adjudicated upon by the Additional Sessions Judge (Fast Tract Court) and was dismissed vide judgment dated 14.5.2008 constraining the petitioner to file the instant revision petition.
(3.)The prosecution case is that on 11.2.2004, a car bearing registration No. HP-30-0370 driven by one Chattur Singh reached near Sanju Highway Hotel at 12.05 A.M., a jeep registration No. HP-23A-3154 came at a high speed and hit the car resulting in fatal injuries to Chattur Singh, who died on the spot. One Supender Kumar (PW-6) was also travelling in the said car at the relevant time and also sustained simple injuries. Statement of Supender Kumar was recorded under section 154 Cr.P.C., on the basis of which FIR was registered against the petitioner at Police Station, Hamirpur under aforesaid sections.


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