SAT KARTAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Challenging the judgment of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court, Una for causing hurt while rash and negligent driving on public way, the convict has come up before this Court under Sec. 374 (II) of Cr.PC seeking acquittal.

(2.) On 18/2/2004, ASI Ashok Kumar (PW-14) informed the aforesaid Police Station through a Ruka under Sec. 154 Cr.PC recorded on the statement of Madan Lal (PW/1), Incharge, Toll Tax Barrier at Marwari. The complainant informed that he was posted as Incharge at Toll Tax Barrier, Marwari. The barrier of Excise Department was adjacent to his barrier. On 18/2/2004, the complainant alongwith Ram Singh (PW/2), Yashpal Singh (not examined), Chamel Singh (not examined) were present on duty and at the excise barrier, peon Sukh Lal (PW/4) was present. At about 4.30 p.m. one truck No. JK-02-8146 came from the side of Talwara. Sukh Lal (PW/4) and Chamel Singh (not examined) pulled the rope and signaled him to stop the truck. However, the truck driver instead of stopping the truck broke the rope and fled away from the spot and due to which, Chamel Singh suffered minor injuries. After that, Madan Lal (PW-1) took lift on a motorcycle and reached Police Post, Daulatpur. On reaching Daulatpur, he informed the police about the incident. From the police post, the incharge ASI Ashok Kumar (PW14) alongwith HHC Chint Ram (PW-7) reached bus stand, Daulatpur. At that time, they saw the said truck coming from Talwara side and police signaled it to stop. The truck driver tried to run his truck over the police and fled away. At that time, the police arranged one Tata Sumo and after boarding it, which was being driven by PW-11 Deepak Prashar, chased the truck. After crossing the truck, they laid a nakka and signaled the truck to stop. However, the truck driver did not stop the truck there and again tried to run over them and consequently tried to took away their life. Due to such act of the truck driver, all of them miraculously escaped. However, the truck driver was again able to flee away. The police officials again tried to chase the truck but the truck hit Tata Sumo from his side due to which they had a narrow escape. Subsequently, since a message had already been circulated by ASI Ashok Kumar through wireless and as such, another nakka was laid at Lal Singhi Bridge. At that place, the driver stopped the truck and after stopping the truck, the driver tried to run away towards the fields. In the meantime police officials also arrived there and all of them tried to chase him. Thereafter, the truck driver jumped over a barbed wire but could not cross it and fell there. On this he was nabbed by the police. Due to the act of running and falling, he received some injuries. Subsequently, he was arrested. Based on the aforesaid information, the police registered the FIR (Ext.PW9/A) mentioned above.

(3.) It has also come in the evidence that except Chamel Singh who had only complained about pain in his shoulder region, none else received any injury. Given above, the evidence led by the prosecution is not credible. Consequently, there is no legally admissible evidence to uphold the conviction of the accused for the offences punishable under Ss. 279 and 337, IPC.