LAIQ RAM Vs. STATE OF H P

JUDGEMENT

(1.) Assailing the judgment dated 22.4.2009 passed by the Judicial Magistrate, Ist Class, Theog, District Shimla, H.P. in Cr. Case No. 275/1 of 2007, titled as State of H.P. vs. Laiq Ram, as affirmed by the Sessions Judge, Shimla, H.P. vide judgment dated 7.9.2011 in Criminal Appeal No. 30-S/10 of 2009, titled as Laiq Ram vs. State of Himachal Pradesh, the accused-petitioner has filed the present Revision Petition under Section 397/401 of the Code of Criminal Procedure, 1973.

(2.) It is the case of the prosecution that on 4.5.2007 Sukh Ram (PW-3) was travelling in his vehicle (Car) bearing No. HP11A-0470. Tapinder Singh (PW-4) was travelling with him. Also family members of Sukh Ram (PW-3) were sitting in the vehicle. When the vehicle reached near Navodaya Vidhyalaya, Theog, a (Utility) vehicle bearing registration No. HP-09A- 1169, being driven by accused Laiq Ram came from the opposite side and collided with the vehicle driven by PW-3. In the accident, PW-3 and PW-4 sustained injuries. The matter was immediately reported to the police on telephone and H.C. Kuldip Singh (PW-1) sent the police party and HC Yoginder Kumar (PW-8) visited the spot. FIR No.83 of 2007 dated 4.5.2007 (Ext.PW- 8/A) under Sections 279, 337 of the Indian Penal Code was registered at Police Station, Theog. The injured were taken to the hospital at Theog, where they were examined by Dr. Ashok Chauhan (PW-6), who issued MLCs. (Ext.PW-5/A, Ext.PW-5/B and Ext.PW-5/E). Accused also received injuries in the incident. Even he was medically examined by the Doctor. Mechanical reports (Exts.PW-6/A and Ext.PW-6/B), were got prepared by the police from HC Gian Chand (PW-6), which reveal that the vehicle being driven by the accused was in a fit condition. Spot map (Ext.PW-8/D) was prepared by the police. Investigation revealed that accused was driving the vehicle in a rash and negligent manner, which was the cause of the accident. PW-3 was driving the vehicle on his own side whereas the accused was driving the vehicle on wrong side and despite the fact that the road was 15 feet wide he continued to drive the vehicle on the wrong side.

(3.) With the completion of investigation, challan was presented in the Court for trial.