KARNAIL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Matter was taken up at 10 a.m.

(2.) On 26.3.2004, petitioner (accused) was found to have committed offences, punishable under Sections 279, 337 and 304-A of the Indian Penal Code, regarding which FIR No.75/04, dated 26.3.2004 (Ex. PW-7/A) was recorded at Police Station Sadar, District Chamba, Himachal Pradesh. Police investigated the matter, which revealed that petitioner was guilty of having committed the aforesaid offences. Challan was presented in the Court for trial and notice of accusation was put to the petitioner for having committed offences, punishable under Sections 279, 337 and 304-A of the Indian Penal Code, to which he pleaded not guilty and claimed trial.

(3.) In order to establish its case, prosecution examined as many as eleven witnesses and statement of the accused, under Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded false implication and stated that the accident took place on account of mechanical defect in the vehicle.