STATE OF HIMACHAL PRADESH Vs. TRIGUN RAKESH CHANDER

JUDGEMENT

(1.) This appeal coming on for hearing this day, the Court passed the following: FIR Number No.104 dtd. 11/3/2002, registered under Ss. 279, 337 and 308 of IPC, in Police Station Sundernagar, District Mandi, H.P Trial Court Case Number No.441-I/2002, decided by learned ACJM, Sundernagar, District Mandi, vide judgment dtd. 12/1/2007 and convicted and sentenced the accused to undergo simple imprisonment for two months and to pay a fine of Rs.500.00 for each offence, with default clause. Cr. Appeal Number No.6 of 2007, decided by learned Additional Sessions Judge, Mandi, vide judgment dtd. 25/10/2008.

(2.) On 11/3/2002, on receipt of telephonic information, the investigator visited Sub Divisional Hospital at Sundernagar and recorded the statement of Bhup Singh (PW-1) under Sec. 154 of Cr.P.C., on the basis of which, FIR captioned above has been registered. The informant told the investigator that when he was walking on the road on his left side, then a motorcycle came from the behind and hit him at his back and because of the impact, he received injuries on his leg. After that people brought him to Sub Divisional Hospital, Sundernagar in a taxi. He further informed that the accident took place due to rash and negligent driving of the driver of motorcycle, Trigun Rakesh Kumar (accused). The said information was reduced into writing vide Memo, Ex.PW-1/A.

(3.) The investigator obtained MLC, Ex. PW-4/A, of the injured. As per MLC, the doctors noticed fracture of legs and hence, the injury was declared as grievous. The investigator had taken into possession the motorcycle and obtained its mechanical report, Ex.PW-5/A. The investigator also prepared the spot map, Ex.PW-6/A, and took photographs of the motorcycle Ex.PW-6/C and Ex.PW-6/D. He also recorded the statements of other witnesses. After completion of the investigation, the officer-in-charge of the police station launched prosecution against the accused by filing report under Sec. 173(3) of Cr.P.C.