LAWS(HPH)-2023-11-45

STATE OF H.P. Vs. SUBHASH CHAND

Decided On November 21, 2023
STATE OF H.P. Appellant
V/S
SUBHASH CHAND Respondents

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 11/2/2010, passed by learned Chief Judicial Magistrate, Solan, District Solan, H.P., vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Ss. 279 and 337 of IPC and Sec. 196 of the Motor Vehicles Act. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the prosecution presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Ss. 279 and 337 of IPC and Sec. 196 of the Motor Vehicles Act. It was asserted that the informant Karan Singh (PW-2) used to drive an Auto bearing registration no. HP-50-0390. He reached Mohan Park on 24/1/2005, at around 4:30 PM. He stopped the Auto towards the roadside and was taking money from the passenger. A bus bearing registration no. HP-14-6719 came at a high speed and hit the rear side of the Auto. Pooja Thakur (PW-11), Anju Bala (PW-1), Dhan Singh (PW-4) and informant Karan Singh (PW-2) sustained injuries. The driver revealed his name as Subhash Chand on inquiry. The injured were taken to the hospital for treatment. An intimation was given to the Police, on which an entry no. 15 (Ex. PX) was recorded. HC Ram Swaroop (PW-7), HC Swarn Singh and C. Hira Singh were directed to verify the correctness of the information. Karan Singh made a statement (Ex.PW-2/A) which was sent to the Police Station, where FIR (Ex.PW-7/A) was registered. HC Ram Swaroop (PW-7) conducted the investigation. He prepared the site plan (PW-7/B) and seized the bus bearing registration no. HP-14-6719 vide memo (Ex.PW-5/A) and Auto bearing registration no. HP-500390 vide memo (Ex.PW-9/E). He took photographs (Ex.P1 to Ex.P3), whose negatives are Ex.P4 to Ex.P6. Yogender Kumar (PW-3) conducted a mechanical examination of the bus and Auto. He found that there was no mechanical defect in the vehicles which could have led to the accident. He issued reports (Ex.PW-3/A and Ex.PW-3/B). The driving licence of the bus driver was seized vide memo (Ex.PW-7/C). Dr B.S. Dhiman (PW-10) conducted a medical examination of Karan Singh, Subhash Chand, Anju Bala and Pooja Thakur and found that they had suffered simple injuries, which could have been caused by a motor vehicle accident. He issued the MLCs (Ex.PW-10/A to Ex.PW-10/F). He advised the X-ray of the scalp and CT Scan of Pooja Thakur, however, no fracture was detected. HC Ram Swaroop recorded the statements of witnesses as per their version. He handed over the case file to the Incharge, Police Post City on his transfer. HC Dharam Singh (PW-12) conducted further investigation. After the completion of the investigation, the challan was prepared and presented before the Court.

(3.) The learned Trial Court put the Notice of Accusation for the commission of offences punishable under Ss. 279 and 337 of IPC and Sec. 196 of the Motor Vehicle Act to the accused who denied the same and claimed to be tried. The prosecution examined twelve witnesses to prove its case. Anju Bala (PW-1), Dhan Singh (PW-4), and Pooja Thakur (PW-11) are the injured and eyewitnesses. Yogender Kumar (PW-3) conducted the mechanical examination of the vehicle. Rakesh Kumar (Pw-5) is the witness to the recovery of the documents and the driving licence. Surinder Singh (PW-6) was the General Power of Attorney holder of the owner, who proved that the accused was driving the vehicle on the relevant date. HC Ram Ram Swaroop (PW-7) conducted the investigation. Sanjeev Kumar (PW-8) proved the entry in the daily diary. Kuldeep Chandel (PW-9) is the witness to the recovery. Dr B.S. Dhiman (PW-10) conducted the medical examination of the injured. ASI Dharam Singh (PW-12) conducted the investigation partly.