RISHIRAM YADAV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Criminal law was set into motion at the instance of PW1 Sheespal, who lodged a report on 23.04.2015 against unknown truck driver of truck no. HR 58 / 7246 with Police Outpost I.D.P.L., P.S. Rishikesh, stating therein that on 23.04.2015, Suraj, brother of the complainant and his friend Raju were going on a motorcycle bearing registration no. UA 07 R/2303 and complainant and his brother-in-law Hira Lal were on another motorcycle bearing registration no. UK 07 AC/0791 towards Rishikesh from Sarwaranagar. One motorcycle was being driven by Raju in which complainant's brother Suraj was a pillion rider. The other motorcycle was being driven by complainant's brother-in-law Hira Lal and complainant was on the back seat. No sooner they took a turn towards Rishikesh, at about 08:00 P.M., a truck bearing registration no. HR 58 / 7246, being driven was unknown driver, came from behind at a high speed and hit the motorcycle driven by Raju and fled away along with the truck. As a result, Raju and Suraj got injured and their motorcycle also got badly damaged. Both the injured were taken to the Govt. hospital, where Suraj was declared dead. The dead body of Suraj was lying in Govt. hospital, Rishikesh.

(2.) On the basis of chik FIR, FIR was lodged against the accused for the offences punishable under Sections 304, 337 and 427 IPC. After investigation, a charge sheet was submitted against the accused for the selfsame offences. The Magistrate on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 of the Cr.P.C., committed the case to the court of Sessions, for trial. Learned I Addl. Sessions Judge, Rishikesh, took cognizance and framed charge for the offences punishable under Sections 304 Part II, 337, 427 IPC against the accused-appellant, to which he pleaded not guilty and claimed to be tried.

(3.) Prosecution got examined PW1 Seeshpal; PW2 Raju Sharma; PW3 Hira Lal; PW4 Constable Vipin Rathi; PW5 Dr. Rohit Upadhyaya; PW6 Dr. Harish Diwedi; PW7 H.C.M.T. Hayat Singh; PW8 S.I. Rajesh Singh and PW9 S.I. Prakash Pokhariyal. The oral and documentary evidence was put to the accused, under Section 313 of Cr.P.C., in reply to which he stated himself to be innocent and alleged that the evidence against him is false. However, no evidence was adduced in defence.