CHUHRU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The order dated 28.4.2012 of learned Addl. Sessions Judge, (Fast Track Court), Chamba, H.P. in Sessions trial No.12/12/2011 framing charge under Section 307 read with Section 34 IPC against petitioners has been assailed in the revision.

(2.) The further facts are that on the statement under Section 154 Cr.P.C. of Kartar Singh initially a case under Sections 279, 338 IPC was registered against the petitioners on the basis of which FIR dated 17.3.2010 was recorded. Kartar Singh was got medically examined.

(3.) The supplementary statement of Kartar Singh was recorded and the case was converted into Section 307 IPC. The prosecution case is that on 17.3.2010 police received secret information that Alto car and Mohindra Pick-Up were coming from Chamba side carrying some articles. A naka was put up at Sukdain Bain. Mohindra Pick-Up No.HP-73-0625 came in high speed. It was signaled to stop. instead of stopping the vehicle the accused negligently and rashly negotiated a turn in such a manner that the front tyre rammed the right leg, left shoulder and neck of the complainant who fell down. The accused sped away from the place in high speed. The complainant was medically examined. The case was registered, on completion of investigation challan was presented.