YASH PAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 26.3.2004, passed by learned Judicial Magistrate 1st Class (1), Dehra, District Kangra (HP), in Criminal Case No.37-I/2000-/144-II/2000, titled as State versus Yashpal Singh, as affirmed by the learned Additional Sessions Judge-II, Kangra at Dharamshala, vide judgment dated 1.1.2007, passed in Criminal Appeal No.7-G/XI-2004, tilted as Yashpal Singh versus The State of Himachal Pradesh, petitioner has filed the present Revision Petition under the provisions of Sections 397 & 401 of the Code of Criminal Procedure, 1973.

(2.) AS per the case of the prosecution, on 24.4.2000, accused Yashpal Singh was driving Truck bearing No.HPK-8992. The vehicle was being driven in a rash and negligent manner. When the vehicle reached in front of the gate of Government Senior Secondary School, Bankhandi, the accused hit a child namely Jasbir Singh, a student of 2nd Class of the same school. The child was standing on the side of the road. As a result of the accident, which occurred due to negligence of the accused, the child died on the spot. Hearing cries, Shri Sansar Chand (PW-4), father of the deceased, Shri Vikram (PW-3) and Shri Ram Lal (PW- 2), all who have their shops closeby immediately came on the spot. The incident was witnessed both by PW-3 and PW-4. Also, Ram Kumar (PW-1), who was travelling on his scooter witnessed the occurrence of the incident. He stopped and informed the police. Without stopping the vehicle on the spot, accused fled away and only after covering a distance of 500 meters stopped the same. Thereafter, he abandoned the truck. Police reached the spot and on the basis of statement (Ex.P-1) of Shri Ram Kumar (PW-1) registered F.I.R. No.43/2000 dated 24.4.2000 (Ex.PB), under the provisions of Sections 279 and 304-A of the Indian Penal Code and Sections 184 and 187 of the Motor Vehicles Act, at Police station, Palampur, District Kangra. Investigation was conducted by H.C. Shanti Swaroop (PW-6) who inspected the spot; prepared the spot map; got the spot photographed from Shri Desh Raj (PW-5); took mechanical report (Ex.PD) on record and postmortem was also got conducted and report (Ex.PA) taken on record. With the completion of investigation, Challan was presented in the Court for trial.

(3.) IN order to establish its case, beyond reasonable doubt, in all prosecution examined as many as six witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took up the defence of false implication. He denied the occurrence of the incident.