MANOJ ALIAS BILLU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Criminal Misc. application (CRMA 3771 of 2019) has been filed by the appellant through Superintendent of District Jail, Dehradun for early hearing of the jail appeal. The application is allowed.

(2.) Prosecution story in brief is that on 08.07.2013 PW1 Amit Thapa lodged a report at Police Station-Rishikeh, District Dehradun with the averments that on 08.07.2013, at about 18.15 PM, when his son was standing on the road outside the house, suddenly a loader vehicle (Chota Hathi) bearing registration no. UA-07 R 7830, being driven by its driver rashly and negligently, hit his son, namely, Mohit Thapa, who sustained serious injuries and was immediately rushed to the Government hospital, where the doctor declared him dead. The complainant came to know that the vehicle was driven by appellant-Manoj@Billu. It is also stated in the said complaint that on the date of incident Nandkishore Thapa, Deepak Verma, Rohit Kumar, Mamta and Manoj Sharma were also present on spot. On the basis of said F.I.R., Case Crime No. 239/2013 was registered against the accused Manoj@Billu in respect of offence punishable under Section 279 and 304-A I.P.C. at Police Station Rishikesh, District Dehradun. Investigation of the case was carried out and on completion of investigation charge sheet was filed against accused Manoj@Billu under Section 304 of I.P.C.

(3.) Additional Chief Judicial Magistrate, Rishikesh on receipt of charge sheet, committed the case to the court of Sessions for trial. Addl. Sessions Judge, after hearing the parties, framed charges u/s 304 IPC against the accused. The charge was read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.