RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Assailing the judgment dated 28.4.2005, passed by learned Chief Judicial Magistrate, Shimla, H.P., in Criminal Case No.56/2 of 2004/2003, titled as State of H.P. versus Rakesh Kumar, as affirmed by the learned Sessions Judge, Shimla, vide judgment dated 18.7.2007, passed in Criminal Appeal No.14-S/10 of 2005, tilted as Rakesh Kumar versus 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.) The prosecution case is that on 23.12.2002 at about 2:40 p.m., accused was driving vehicle bearing No.HP- 09-A0197 in a rash and negligent manner. When he reached near hotel Asia The Dawn, Shimla, he hit Dingu Ram, who was walking on the road with the vehicle. Dingu Ram sustained injuries. Instead of taking him to the hospital, accused fled away from the spot with the vehicle. Information of the incident was given to Police Station, West (Boileauganj). Police Barrier at Shoghi was informed that accused had fled away with the vehicle. The vehicle was intercepted by H.C. Rajinder Kumar (PW-1) and C. Govind Singh (PW-9) at Police Barrier, Shoghi.

(3.) In the meanwhile, H.C. Ravinder Kumar (PW-6) rushed to the spot of occurrence of the incident. There he recorded the statement of eye witness Shri Jagdish (PW-2) under the provisions of Section 154 of the Code of Criminal Procedure (Ex.PW6/A), which was sent to the Police Station, West Shimla through C. Ashok Kumar (not examined). F.I.R. No.33/2002 dated 23.12.2002 (Ex.PW6/B) was registered. Since immediately after the accident, local residents had taken the injured to the hospital, H.C. Ravinder Kumar (PW-6) went there. Dr. Ravinder Mokta (PW-7) examined and opined that the patient had died. Medical report (Ex.PW7/A) was taken on record by the police. Postmortem of dead body was conducted by Dr. Piyush Kapila (PW-5) and postmortem report (Ex.PW5/A) taken on record by the police. The deceased had died as a result of ante mortem head injury. The vehicle intercepted at Shoghi Barrier was seized vide memo (Ex.PW1/A). With the completion of investigation, Challan was presented in the Court for trial.