ASHWANI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) POLICE report has been filed and the Investigating Officer, ASI Pradeep Thakur, Police Station, Baddi, District Solan has also produced the record. Heard. The petitioner, who is an accused in FIR No. 73/13 registered under Section 279, 304(AA) IPC and 187 of Motor Vehicles Act in Police Station, Baddi, District Solan, on 14.5.2013 has been arrested by the police on that very day and is presently in the judicial custody. The investigation is almost all complete as only the report from Forensic Science Laboratory in respect of the sample of blood and urine is left to be collected.

(2.) BE it stated that the accident allegedly occurred on account of rash and negligent driving on the part of accused -petitioner has taken away a valuable human life as constable Sumit Sen, aged 27 years, First Indian Reserve Battalion, on the way to attend night duty in the Police Barrier at Barotiwala on Scooter No. HP -33A -4118 sustained grievous injuries in this accident and died on the spot, however, in the case of accidental deaths the element of intention to kill generally is not there nor is there any complaint of this nature in the present case. The fact, however, remains that the present is a case of accident, and death of the victim also an accidental. Whether the accused -petitioner was driving the offending Tempo bearing No. HP -12E -5115 in a rash and negligent manner or while being under the influence of liquor is the fact to be proved by the prosecution at an appropriate stage and in due course during his trial in a competent Court.

(3.) AT this stage, the point in issue needs consideration is that the evidence collected by the investigating agency alone is sufficient to curtail the liberty and freedom of the accused -petitioner when investigation in almost all complete and he is no more required for the purpose of interrogation.