ASHWANI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE convict has filed this revision against judgment dated 3.1.2005 passed by Sessions Judge, Una in Criminal Appeal No. 6 of 2003 affirming judgment dated 17.7.2003 of Additional Chief Judicial Magistrate, Court No. 1, Una in Case No. RBT -47 -II -96/95.

(2.) THE prosecution case, in brief, is that on 31.1.1995 between 9.00 p.m. to 12. 00 p.m. C. Hoshiar Singh, HHG Sehdev Singh, HHG Kalyan Singh, LHC Dina Nath and HHG Jagdish Chand were on duty at Mehatpur Barrier. At about 10.10 p.m. a truck bearing registration No. PBW -7923 came from Mehatpur side in rash and negligent manner, broke barrier then moved towards right side and hit another vehicle bearing registration No. HIU 4469 which was standing on the right hand side. In the process, wooden pole was broken and a part of broken wooden pole hit HHG Yash Pal, who was standing near the water tank on the right hand side of the road. He fell down and became unconscious on the road and was taken to Civil Hospital, Una. The petitioner was found driving the vehicle under the influence of the liquor.

(3.) THE medical report Ex.PW -2/A of HHG Yash Pal and X -ray report Ex.PW -1/A were obtained. The photographs of the spot Ex.P -6 to Ex.P -10, negatives Ex.P -1 to P -5 were taken. The mechanical report of truck No. PBW -7923 Ex.PW -10/A was also obtained. On completion of investigation, challan was submitted to the Court. The notice of accusation for commission of offences punishable under Sections 279, 337, 338 IPC and Sections 181/185 of the Motor Vehicles Act, 1988 was put to petitioner, who pleaded not guilty and claimed trial.