DEVI SINGH Vs. STATE OF H,P,

JUDGEMENT

(1.) Devi Singh alias Devu, the accused in FIR No. 165/98, Police Station, Dharampur, District Solan, has filed this revision against the judgment of conviction made in criminal appeal No. 20-S/10 of 2004 by Sessions Judge, Solan confirming thereby the judgment of conviction and sentence made in criminal case No. 3/2 of 2002/99 by Judicial Magistrate, Kandaghat, Camp at Solan. The Investigating Officer, Shri Bhim Singh, ASI, Police Station, Dharampur, PW-5 along with other police officials was on patrol duty in the area where the accident occurred. On finding a parapet at right side damaged recently raised suspicion and PW-5 made to stop the vehicle there. They heard cries 'Bachao-Bachao' from the side of Nallah below the road. The police party went to Nallah, where found the ill-fated truck lying turtle. The police party took out the injured, who were five including the driver. Five others occupants were found dead on the spot. The injured persons were taken to Primary Health Centre Dharampur. Four injured persons were referred to PGI Chandigarh. On the next date i.e. 17.10.1998, the statement of injured Gita Ram Ex. PW-3/A was recorded by PW-5. On the basis of which FIR Ex. PX under Section 279, 337, 304-A was registered against the accused in Police Station Dharampur, District Solan.

(2.) After registration of the statement Ex. PW-3/A of injured Gita Ram, PW-5 Conducted the spot inspection and prepared spot map Ex. PW-5/A. All the dead bodies were taken to hospital for post mortem examination. The ill-fated truck was also taken into possession along with its documents vide memorandum Ex. PW-5/B. On 18.10.1998, the accused was arrested in the case, however, released on furnishing of bail bonds.

(3.) The charge against the accused is that on 16.10.1998 around 10.30 p.m., while at the wheels of Truck No. HP 51-1602, on its way from Chandigarh to Shimla and at a place little ahead from Jabli, lost his control over it due to rash and negligent driving and as a result thereof the truck rolled down 300 feet from the road leading to death of five occupants namely Ramesh S/o Shri Rama Nand, Ram Krishan S/o Shri Ram Lal, Daulat Ram S/o Shri Moti Ram, Bitoo @ Hem Chand S/o Shri Sukh Dass and Madan Lal S/o Shri Mani Ram and injuries simple as well as grievous in nature on the person of accused himself as well as the remaining four occupants namely, Amar Chand, Geeta Ram, Ranjeet Singh and Devender Singh.