Raj Kumar v. State of H.P.
Case brief
What is this about?
Criminal appeal — revisional jurisdiction of High Court — ss. 397, 401 CrPC — scope of revision — re-appreciation of evidence — concurrent findings of trial court and first appellate court — no manifest error — rash and negligent driving — ss. 279, 304A IPC — fatal bus accident at Tunu Hatti (Dalhousie, District Chamba, H.P.) — HRTC bus HTC 34 vs Punjab Roadways bus PJC-4075 — death of two children of PW-7 Mast Ram — Probation of Offenders Act, 1958 benefit set aside on State appeal — sentence of one year simple imprisonment and Rs.1,000 fine — plea for reduction to period already undergone rejected — appeal dismissed. Cases: Duli Chand v. Delhi Administration AIR 1975 SC 1960 (referred); State of Orissa v. Nakula Sahu AIR 1979 SC 663 (relied on); State of Kerala v. Puttamana Ilath Jathavedan Namboodiri 1999 (2) SCC 452 (relied on).
What did the court decide?
Revisional power cannot be equated with the power of an appellate Court nor treated as a second appellate jurisdiction; ordinarily it would not be appropriate for the High Court to re-appreciate the evidence and come to its own conclusion unless any glaring feature is brought to its notice which would otherwise tantamount to gross miscarriage of justice.