STATE OF HARYANA Vs. KEWAL SINGH

JUDGEMENT

(1.) Appellant-State of Haryana has preferred the instant application under Sec. 378(3) Cr.P.C. seeking leave to appeal against judgment dtd. 3/1/2015, pertaining to FIR No.209 dtd. 14/6/2012, under Ss. 279, 337, 304-A, 420, 468 and 471 IPC and Sec. 15 of the NDPS Act, registered at Police Station Narnaund, passed by learned Additional Sessions Judge, Hisar, vide which the respondents/accused-Kewal Singh and Kashmir Kaur have been acquitted.

(2.) The factual scenario, as highlighted by the prosecution, is that on 14/6/2012, two ruqas regarding accident, one qua Sonu son of Naresh having "brought dead" and another qua admission of injured Naresh son of Mewa Singh, were received in Police Stataion Narnaund from General Hospital, Hisar, upon which ASI Mahender Singh alongwith EASI Sohan Lal reached at CHC Narnaund, where injured Suresh, who had sustained injuries in the same accident, was lying admitted and after obtaining opinion of the doctor, ASI Mahender Singh recorded the statement of Suresh Kumar, wherein he stated that he was studying at Ding Mandi (Sirsa). On that day, at about 7:00 A.M. he, Naresh and Sonu had left their village for Narnaund on the motorcycle of Naresh bearing registration No.HR-20D/7398 make Platina, which was being driven by Naresh. When they all reached near temple of Sai Baba on Narnaund-Jind road, then a car being driven in a rash and negligent manner came at a high speed from Hansi side and after coming on their side without blowing of any horn hit their motorcycle. The car was make Logan bearing registration No.CH-03R/2507. As a result of the impact of the accident, they all alongwith the motorcycle fell down on the road. He and Naresh sustained multiple injuries, whereas Sonu died at the spot. Pardeep son of Shishpal and Rajesh were coming behind them and they got them admitted at Government Hospital, Narnaund. As Naresh was seriously injured, he was referred to Government Hospital, Hisar by the doctor. On the said statement, a case under Ss. 279, 337, 427 and 304-A IPC was got registered. During investigation, on 18/6/2012, at the time of mechanical examination of the car bearing registration No.CH-03R/2507, plastic bags containing poppy husk and two number plates bearing No.PB-11-AX-9506 were recovered from the dicky of the car. Two samples of 100 grams were separated and the weight of remaining poppy husk came to be 101 kg. The case property was taken into police possession. Then offence under Ss. 420, 468 and 471 of IPC and Sec. 15 of NDPS Act were added. Accused persons were arrested and after the completion of investigation, the Challan under Sec. 173 Cr.P.C. was presented in the Court against the accused persons.

(3.) Copies of the report under Sec. 173 Cr.P.C. along with relevant documents were supplied to the accused free of cost. Charge under Ss. 279, 337, 304-A, 420, 468 and 471 IPC and Sec. 15 of the NDPS Act was framed against the accused persons to which they pleaded not guilty and claimed trial.