MOHAN SINGH @ PAPPU Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner is aggrieved by his conviction under Sections 279, 337, 338 and 201 IPC passed by the learned trial Court. The learned Appellate Court affirmed the judgment and sentence save and except that the petitioner was acquitted for offences under Section 337 and 201 IPC.

(2.) THE prosecution case, in brief, is that on 25.9.2001 at about 4 P.M. baby Rakhi, aged 9 years, who was a student of third standard, was going to her house after attending school and when she reached near the shop of one Desh Raj near Bus Stand on Kumarhatti Sarahan Public Highway, a scooter bearing No. HP -14 -0752 driven by the petitioner herein dashed against her. Further case of the prosecution is that after the accident, the petitioner fled away from the scene. The injured was then taken to the Civil Hospital, Sarahan and report registered with the police. After conclusion of the trial, the petitioner was convicted. The trial Court placed reliance on the evidence of the mother of child namely Meera Devi, PW2 who corroborated the material particulars of the accident. PW1 Desh Raj was examined, but he turned hostile and was cross examined at length. PW4 Ravi Dutt was also declared hostile and cross examined. These facts were considered at length by the Courts below but could not dent the prosecution case. The injured baby Rakhi was also examined, but not administered oath, as she could not understand its meaning.

(3.) EVEN if the statements of PW1 Desh Raj and PW4 Ravi Dutt are excluded from the evidence of prosecution, I cannot persuade myself that the statement of PW2 Meera does not establish the presence of the accused or of this factum of accident. Her statement is sufficient to establish the guilt of accused. So far as the statements of PW1 Desh Raj and PW4 Ravi Dutt are concerned, all that need be said is that their cross examination in no manner supports the defence. It is rather unfortunate that eye witnesses are turning hostile in more than one case. In his cross examination PW1 has admitted the presence of accused alongwith scooter at the site of accident.