JOGINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Accused Joginder Singh has preferred this revision petition against the judgment dated 17.9.2005, passed by learned Addl. Sessions Judge, Solan circuit Court at Nalagarh in criminal appeal No.31-NL/10 of 2000 concurring thereby with the findings of conviction and sentence recorded against the petitioner by learned Sub Divisional Judicial Magistrate, Nalagarh, District Solan on the ground inter alia that both the courts below have based the findings of conviction on conjecture and surmises and without appreciating the evidence of eye witnesses PW-4 and PW-7 Bachna Ram in its right perspective. The version of PW-7 Bachna Ram that the deceased was playing and hanging with pole and as a result thereof the same tilted in one side and he fell down in the river on stones and thereby suffered multiple injuries leading to his death has not been considered at all. PW-4 Ram Krishan could have not been relied upon in view of the material contradictions in his statement. The lower appellate court has wrongly concluded that it was for the accused to have explained as to how the injuries on the person of the deceased occurred. Also that Dr. (Mrs.) K. Nath (PW11) has no where stated that the nature of injuries on the person of the deceased cannot be caused by way of fall, however, lower appellate court has erroneously concluded so in the impugned judgment. The provisions contained under Sections 279 and 304-A Penal Code were misconstrued. There being no evidence cogent and reliable, the accused could have not been held responsible for the accident in question. The statements of material prosecution witnesses were recorded after a lapse of one month.

(2.) The allegations against the accused in a nut shell are that on 9.7.1997, a HRTC Nalagarh to Kiratpur bound Bus bearing No. HIA 6599 was on its way to Kiratpur. The accused was at the wheel of the bus. On that day the inauguration of the bridge at village Kalyanpur was scheduled to be held around 12.00-1.00 p.m. The bus when reached on the bridge hit deceased Rajinder Singh due to rash and negligent driving, who was standing on his own side with railing of the bridge. As a result of the strike the deceased fell down and he received injuries on his person. Injured was taken to hospital at Nalagarh in that very bus where he scummed to the injuries and died.

(3.) PW-3 Madan Lal, a labourer working on the spot was deputed to inform the relatives of the deceased. He accordingly informed Shri Tara Singh PW-1, brother-in-law (Sadu) of the father of deceased. Said Tara Singh has reported the matter to the police of Police Station, Nalagarh where FIR Ex.PW-1/A was registered by PW-12, Sohan Lal, the then Moharrer HC Nalagarh.