DALIP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) .The instant revision petition has been maintained by the petitioner against judgment dtd. 12/11/2010, passed by learned Additional Sessions Judge, Mandi Camp at Karsog, in Cr. Appeal No. 33/2007, whereby appeal filed by the appellant/petitioner against the Judgment/order of conviction passed by Sub-Divisional Judicial Magistrate, Karsog, District Mandi, H.P. was dismissed.

(2.) Briefly stated the facts giving rise to the present petition are that on 6/8/2006 the complainant in his car, bearing registration No. HP-33-B-2221, was travelling from Shimla to Karsog alongwith his brother, wife and children. When the car reached near Bhakrot, a tanker bearing registration No. HP-15-2017 came from the other side. Though the complainant though applied brakes on seeing the tanker, but the tanker hit the car in a high speed due to which, front portion of the car was damaged in the accident. Occupants of the car did not suffer any injury. It appeared that at the time of accident, the driver was intoxicated, due to which, he could not control the tanker, so it hit against the car and accident took place due to rash driving of the driver of the tanker.

(3.) Learned counsel for the petitioner has argued that there is no evidence to suggest that the tanker was being driven in high speed. He further argued that the learned courts below have rejected the defense that at the time of accident, the complainant himself was not possessing any driving license. He argued that the Investigating Officer should have asked for the driving licence of the complainant, while investigating the case. He argued that the learned Courts below have applied the principal of res-ipsa-loquitor while convicting the petitioner and the judgments of learned Courts below are liable to be set aside. He further argued that the learned Courts below have also mis-appreciated the evidence.