CHARAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision is directed against judgment dated 17.1.2005 passed by learned Presiding Officer, Fast Track Court, Hamirpur in Criminal Appeal No.30 of 2002/6 of 2004 affirming judgment dated 16.9.2002 passed by learned Addl. Chief Judicial Magistrate, Barsar in Criminal Case No.8-I.2001/32-II/2001. The petitioner has been convicted for offences punishable under Sections 279, 337, 338, 201 Penal Code. He has been sentenced to undergo simple imprisonment for a period of six months and fine of Rs. 1,000.00 under Sec. 279 IPC, rigorous imprisonment for a period of six months and fine of Rs. 500.00 under Sec. 337 IPC, rigorous imprisonment for a period of nine months and fine of Rs. 1,000.00 under Sec. 338 IPC, rigorous imprisonment for a period of one month and fine of Rs. 500.00 under Sec. 201 Indian Penal Code with default clauses. On realisation of fine amount Rs. 1,000.00 was ordered to be paid as compensation to PW-6 Rajesh Kumar and Rs. 500.00 each to PW-2 Smt. Savitri Devi and Smt. Radha Devi respectively.

(2.) The prosecution case in brief is that on 26.11.2000 at 5.20 p.m. an unknown person gave a telephonic information at Police Station, Barsar that a Tanker and a Maruti Car had collided near village Tikker Brahmna. The daily diary report Ex.PW-9/A was made. The police reached the spot and statement of PW-1 Parkash Chand was recorded under Sec. 154 Code Criminal Procedure The complainant has stated that on 26.11.2000, he, his wife PW-2 Savitri Devi and Smt. Radha were returning from village Nagyarda at about 4.45 p.m. PW-6 Rajesh Kumar was driving the car and when the car was approaching a culvert near village Tikker Brahmna, a tanker bearing registration No.HR-01-GA-0865 came from opposite Salooni side in high speed. Rajesh Kumar stopped the car on the side of the road but tanker driver due to excessive speed could not negotiate the curve and control the tanker, as a result of which tanker hit the car.

(3.) It has been further stated that car pushed backward for about 20-25 feet and fell in a Nullah. In the accident PW-2 Smt.Savitri Devi, Smt. Radha, PW-6 Rajesh sustained injuries. The complainant luckily escaped unhurt. The tanker driver fled away from the spot with the vehicle. PW-3 Wattan Singh chased the tanker on his scooter and stopped the tanker at a distance. On enquiry tanker driver disclosed his name Charan Singh. The accident took place due to rash and negligent driving of the petitioner. On this, FIR Ex.PW-9/B was registered.