KULWANTSINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER has filed the present revision petition, under Sections 297 and 402 of the Code of Criminal Procedure, for setting aside judgment dated 11.10.2004 of learned Sessions Judge, Hamirpur and judgment dated 25/15.11.2003, passed by the trial Magistrate, in a case, under Sections 279 and 304A IPC, which was registered against the petitioner at Police Station, Nadaun.

(2.) A report was lodged on 16.11.1999 by one Smt. Krishna that her sister's son Virender Kumar, when coming towards her village on Nadaun side, by scooter No. HP -55 -2729, had been hit by a jeep -trolla, which was going from Nadaun side towards Hamirpur and that as a result of that accident, her nephew Virender Kumar fell alongwith the scooter on the road and died. She also reported that after Whet her reporters of the 'local papers may be al l owed t o see the judgment ? causing the accident, driver of trolla sped away, along with jeep -trolla, from the spot. On the basis of that report, case was formally registered vide FIR Ext.PW7/F. Police went to the spot. Scooter and dead body of Virender Kumar were found lying on the left side of the road, leading from Hamirpur to Nadaun. On the right side of the same road on Kutcha portion, broken pieces of indicator, side glass and rod of side mirror glass were lying, which were taken into possession.

(3.) PETITIONER was challaned. He was tried for offences under Section 304A and 279 IPC. Prosecution examined two witnesses, who claimed to have witnessed the accident, namely PW -6 Sudesh Walia and PW -11 Kuldeep Kumar. It did not examine Chanderdeep, who allegedly saw ...3...the accident taking place and apprised the police of registration number of jeep -trolla that caused the accident.