STATE OF HIMACHAL PRADESH Vs. PARMJIT SINGH

JUDGEMENT

(1.) THE State has felt aggrieved by the judgment of acquittal of reversal passed by the learned Additional Sessions Judge in Criminal Appeal No. 16/D/X/04 decided on 11.3.2005 whereby the conviction and sentence passed by the learned trial Court for the offences punishable under Sections 279, and 304 -A is set -aside. Precisely, the prosecution case is that the respondent, hereinafter referred as "the accused" was a driver of vehicle No. DL -IC -B -1578 (Matador). On 28th March, 1999, around 8.30 a.m., said Matador was being driven at a high speed rashly and negligently by the accused. When it reached village 'Tang ', it knocked down one Shri Ghami Ram, who was standing on the side of the road. Thereafter, the accused put the injured into his vehicle with the assistance of the co -accused, who was passenger with him and drove it off towards Dharamshala.

(2.) LATER PW5 Fandi Ram, the real brother of Ghami Ram came to know about the accident from PW3 Kamlesh Kumari and reached Zonal Hospital, Dharamshala, but on inquiry, he did not find his brother in the causality or elsewhere. Thereafter, he informed Dharamshala police.

(3.) POLICE also recorded statement of PW3 Kamlesh Kumari, which culminated into FIR Ext. PW19/D. Police also visited place of accident, seized broken pieces of glasses and plastic and took the same into possession. Accused was not having the driving licence and the insurance policy of the vehicle. Further the police prepared inquest papers and took photographs of the dead body lying in the vehicle and sent for autopsy, which was conducted by PW2 Dr. Ajay Kumar, posted in Zonal Hospital, Dharamshala. He noticed various ante -mortem injuries on the dead body and in his opinion, the death was due to neurogenic shock and multiple ante -mortem injuries. He issued the Post -mortem report Ext. PW2/A. He also opined the injuries caused were on account of motor vehicular accident.