The High Court of Himachal Pradesh considered a criminal revision challenging the enhancement of a sentence in a rash or negligent driving case causing death. The court dismissed the petition and upheld the Sessions Court's enhanced punishment.
Revision petition dismissed; Sessions Court judgment upholding enhanced sentence affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No.227 of 2010
Date of decision : November 9, 2010
Munshi Ram …Petitioner.
Versus State of H.P. …Respondent.
Coram
The Hon’ble Mr. Justice Surjit Singh, Judge.
Whether approved for reporting?1 For the Petitioner : Ms Jyotsna Rewal Dua, Advocate. For the Respondent : Mr. Vikas Rathore, Deputy Advocate General and Mr. Ramesh Thakur, Assistant Advocate General.
Surjit Singh, J (Oral)
Revision petitioner is aggrieved by the judgment dated 8th April, 2010 of learned Sessions Court, whereby, accepting the appeal of State of Himachal Pradesh for enhancement of punishment, revision petitioner has been sentenced to undergo imprisonment for six months and fine of 1,000/- for offence, under Section 304-A of the Indian Penal Code, sentence of three months imprisonment and fine of 500/- for offence, under Section 279 of the Indian Penal Code, and sentence of 15 days imprisonment for each of the offences, under Sections 337 and 338 of the Indian Penal Code, though the trial Court had imposed the sentence of fine only, in respect of all the aforesaid offences.
Whether reporters of the local papers may be allowed to see the judgment?
…2…
1999 at 7.30 p.m., when he was driving the said bus, near Community Health Centre, Shillai, an accident took place, in which 21 passengers on board the bus died, while several others, including the revision petitioner himself, sustained grievous and simple injuries. Cause of accident was alleged to be rash or negligent driving of the bus by the revision petitioner.
…3…
279 of the Indian Penal Code, fine of 500/- for offence, under Section 337 of the Indian Penal Code, fine of 1,000/- for offence under Section 338 of the Indian Penal Code, and fine of `7,000/- for offence, under Section 304-A of the Indian Penal Code.
…4…
negligent driving of the bus by the revision petitioner, I find no ground for interfering with the judgment of the Sessions Court enhancing the sentence. Rather, I am of the view that more severe punishment was required to be imposed.
In view of the dismissal of the main petition, pending applications stand disposed of, having become infructuous.
November 9, 2010 (sd) ( Surjit Singh ), J
2 issues framed by the court
Whether an enhancement of sentence by the Sessions Court in a rash or negligent driving case causing death warrants affirmation.
Whether a criminal revision petitioner can assail conviction in the absence of a direct appeal challenging the conviction.
3 provisions across 1 enactments
Munshi Ram
State of H.P.
Surjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
