HARBHAJAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This revision petition is directed against the order dated 9.7.1998 passed by the learned Additional Sessions Judge, Una whereby the conviction of and sentence awarded to the petitioner/accused (here -after referred to as the accused) under Sections 279,337 and 304 -A of the Indian Penal code by the learned Judicial Magistrate, I -Class (II), Una vide his judgment dated 1.9.1994 had been maintained and the appeal of the accused had been dismissed.

(2.) Brief facts leading to the presentation of the revision petition are that on 5.11.1989 at about 9.15 a.m. at village Jhalera when Brahma Nand (PW -3) was sitting in his shop and Bhan Singh (PW -4), Suresh Kumar (PW -2), Gian Chand and Bhagwant Parkash were standing outside the shop, truck No.CHW -7692 driven by the accused rashly and negligently came from Basal side, dashed against the shop of PW -3 and then against the shop and Bhatti of Dev Raj in between all shops and Khokhas stood demolished and Gian Chand, Bhagwant Parkash, Suresh Kumar (PW -2) and Bhan Singh (PW -4) were crushed by the truck and thereby sustained injuries. Gian Chand and Bhagwant Parkash succumbed to the injuries on the spot. On receipt of telephonic message about the occurrence, report Ext. PW -1 I/A was recorded at Police Station, Una. Kapil Dev (PW -11), the then Deputy Superintendent of Police, proceeded to the spot where he recorded statement of PW -3 under Section 154 of the Code of Criminal Procedure Ext.PW -3/C and sent the same to the Police Station where formal FIR. Ext. PW -8/A was recorded by Ramesh Chand (PW -8). The injured were admitted to the hospital where they were medically examined by Dr. Hans Raj Sharma (PW -6). The MLC. in respect of medical examination of PW -2 is Ext. PW -6/A and that about the medical examination of PW -4 is Ext. PW -6/B. About the deceased Bhagwant Parkash and Gian Chand inquest reports respectively Ext. PW -11/D and Ext. PW -11/E were prepared and their dead bodies were removed to the hospital for post mortem examination. PW -6 conducted the post mortem examination of Bhagwant Parkash and his post mortem report is Ext. PW -6/C. The post mortem examination of dead body of Gian Chand was also conducted and the post mortem report qua him is Ext.PW -11/H. The spot was photographed, the negatives where of are Ext.P -5 to Ext. P -8 and the developed photographs are Exts. P -1 to P - 4. The offending truck was taken into possession along with its documents vide memo. Ext. PW -3/A. It was mechanically examined by Sarup Lal PW -1) and the mechanical examination report issued by him is Ext. PW -l/A. After completion of the collection of material by the investigating agency, a charge -sheet was submitted against the accused and he came to be tried for the commission of offences punishable under Sections 279, 337 and 304 -A of the Indian Penal code.

(3.) To prove the accusation against the accused, the prosecution examined 11 witnesses. The accused was examined under Section 313 of the Code of Criminal Procedure wherein he claimed to be innocent and attributed the accident to the act of the two of the deceased who had not moved out of the centre of the road despite horn and when to save them the accused moved his vehicle to one side, they also turned to that side and when the accused moved the vehicle to another side, they also moved towards that side and thus he has attributed the accident to the mistakes committed by the deceased. The accused, however, did not lead any defence evidence.