P.C. marked Ext.
PJC 4075 belonging to Punjab Roadways was companying from the opposite direction being driven by the appellant.
But the appellant was extended the benefit of the Probation of Offenders Act, 1958 in short Probation Act .
PW 8/A and summoned Sarwan Singh PW 3 photographer who clicked the photographs of both the vehicles and the bodies of the deceased Manoj Kumar and Kumari Rajeswari lying on the seat inside the HRTC Bus.
Relying on the evidence of father PW7 and companysidering the other material on record, the Trial Court recorded the companyviction as numbered above.
The accident took place around 12.45 p.m. The accident was reported to the police by Mast Ram whose statement was recorded by the police under Section 154 of the Code of Criminal Procedure, 1973 in short Cr.
On the way, at Tunu Hatti, bus No.
After companypletion of the investigation charge sheet was laid against the appellant for offence punishable under Sections 279 and 304 A IPC before the trial Magistrate.
It was alleged that due to the rash and negligent driving of the vehicle by the appellant, the vehicle struck against the HRTC Bus due to which Master Manoj Kumar and Kumari Rajeswari, son and daughter of Shri Mast Ram respectively sustained fatal head injuries.
Thereafter, as numbered above, the learned Trial Magistrate sentenced the appellant by imposing custodial sentence and fine.
HTC 34 belonging to Himachal Road Transport Corporation in short HRTC alongwith his wife and four children from Surgani to Pathankot.
PW 7/A. On the basis of the statement of the companyplainant, formal first information report came to be registered at Police Station, Dalhousie on the same day at about 3.15 P.M. Head Constable Kishore Kumar PW 8 visited the spot immediately and prepared spot map Exbt.
The State of Himachal Pradesh filed an appeal before the Sessions Judge questioning grant of benefit under the Probation Act.
PW 3/H to PW 3/C were placed on record.
Photographs Negatives Exbts.
A revision petition was filed before the High Court questioning companyviction as well as sentence, which as numbered above was dismissed.
Dr. ARIJIT PASAYAT, J. 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.
During recording of the statements of the material witnesses by PW Kishore Kumar, it was found that the accident had taken place due to the rash and negligent driving of the vehicle by the appellant in which heads of both the victims were crushed.
