LAWS(HPH)-2003-7-8

STATE OF H P Vs. MADAN LAL

Decided On July 01, 2003
STATE OF HIMACHAL PRADESH Appellant
V/S
MADAN LAL Respondents

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 13-7-1998 passed by the learned Judicial Magistrate I-Class, Nurpur whereby the respondent/accused (hereafter referred to as 'the accused') has been acquitted of the accusations under Sections 279 and 304-A of the Indian Penal Code.

(2.) The case of prosecution, in brief, is that on 20-4-1993 at about 6.00 p.m. the accused while driving Truck No. HP-48-0174 in a rash and negligent manner on a national high way near Pucca Tiala, crushed to death a boy, namely, Atul, aged about five and-a-half years, who was carrying cattle feed and was on his way to his house. At the time of the occurrence, the deceased was accompanied by his parents Sardar Singh (PW-4) and his mother Kusum Lata (PW-5). One Ajay Kumar (PW-1) was also present on the spot. After having crushed the child under the wheels of the truck, the truck stopped at some distance from the place of occurence. The occurrence was reported to the police by PW-1 vide his statement Ext. PW-1/A under Section 154 of the Code of Criminal Procedure on the basis of which FIR Ext. PW-2/A came into being at Police Station, Nurpur. Post-mortem examination of the dead body of Atul was conducted in Civil Hospital Nurpur by Dr. A. K. Mahajan (PW-6) who found as many as 12 injuries on the body of the deceased and opined that the cause of death of the deceased was haemorrhage and shock due to head and abdominal injuries. The post mortem report issued by him is Ext. PW-6/A. The truck in question along with its Log Book was seized by the police vide memo. Ext. PW-1/B and was got mechanically examined and as per the report of the concerned mechanic Ext. PW-6/D, the truck was found in proper driving condition. The Investigating Officer (PW-7) prepared the site plan Ext. PW-7/B. Post occurrence photographs on the spot were taken by Jaswinder Singh (PW-3) negatives whereof are Exts. PW-3/B to PW-3/F and the photographs are Exts. PW-3/A to PW-3/C. On completion of the investigation, the Officer Incharge of Police Station, Nurpur submitted the charge sheet and the accused was tried on the accusations under Sections 279 and 304-A of the Indian Penal Code by the learned trial Magistrate.

(3.) To prove the accusations against the accused the prosecution examined 7 witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was recorded wherein he denied the prosecution case and claimed to be innocent. However, he did not lead any defence.