STATE OF HIMACHAL PRADESH Vs. DILA RAM

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 30/10/2010, passed by learned Judicial Magistrate, First Class, (JMFC), Kasauli, 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, 337 and 338 of IPC and Sec. 185 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 police presented a challan against the respondent/accused before the learned Trial Court for the commission of offences punishable under Ss. 279, 337 and 338 of IPC and Sec. 185 of the Motor Vehicles Act. It was asserted that some unknown person called the Police Station on 6/7/2006 at around 8.05 PM and said that one vehicle had turned turtle near the CHC curve. An entry (Ex.PW5/A) was recorded in the Police Station. HC Ram Lal (PW-6), C. Durga Dutt (not examined) and C. Kamal Kumar were sent to the spot for verification. Raj Kumar (PW-8) made a statement to the police that he was serving in Blue Ginger Cafe near CHC, Dharampur. He was standing outside the Cafe on 6/7/2006 at around 8.00 PM. A vehicle bearing registration No. HP-64-0725 came from Dharampur towards Kalka at a high speed. The driver turned the vehicle towards the hill and thereafter swerved the vehicle towards the other side. The vehicle turned turtle. The left arm of an occupant was crushed under the vehicle. The informant and other persons ran to the spot and turned the vehicle. The occupant had sustained injuries on his arm. Two other persons were sitting in the vehicle but they had not sustained any injury. All of them appeared to be intoxicated. The name of the driver was found to be Dile Ram. The accident occurred due to the high speed and negligence of Dile Ram. The statement (Ex.PW-6/A) was reduced into writing and sent to the Police Station through C. Kamal Kumar for the registration of FIR. FIR (Ex.PW-6/B) was registered in the Police Station. The injured were sent to the hospital with C. Durga Dutt for their medical examination. Dr. Ambika Sood (PW-4) conducted the medical examination of Dile Ram and found that he had consumed alcohol or an alcohol-like substance. No injuries were seen on his body. A blood sample was taken but a urine sample could not be taken due to an empty bladder. MLC (Ex.PW-4/A) was issued. She also examined Govind Ram and found that he smelled of alcohol or alcohol-like substances and had not sustained any injury. A blood sample was taken and it was handed over to the police. She issued the MLC (Ex.PW-4/B). She also examined Rakesh Kumar and found that he had a crush injury on the whole of the left forearm; small lacerations were present behind the left ear. The smell of alcohol and alcohol-like substance was present. She issued MLC (Ex.PW-4/C). Ram Lal (PW-6) conducted the investigation. The photographs of the spot (Ex.P1 to Ex.P-6), whose negatives are Ex.P7 to Ex.P12 were taken. A site plan (Ex.PW-6/C) was prepared. The vehicle bearing registration No. HP-64-0725 was seized vide seizure memo (Ex.PW-1/A). Yoginder Kumar (PW-3) conducted the mechanical examination of the vehicle and found that there was no defect in the vehicle which could have led to the accident. He issued the report (Ex.PW-3/A). Injured Rakesh Kumar was referred to PGI, Chandigarh. His case summary (Mark-A) was obtained from PGI. A report of analysis (Ex. PX) was received in which it was shown that the blood samples contained alcohol. Statements of witnesses were recorded as per their version and after the completion of the investigation, the challan was prepared and presented before the Court.

(3.) Learned Trial Court put the notice of accusation to the accused for the commission of offences punishable under Ss. 279, 337 and 338 of IPC and Sec. 185 of the MV Act.