ATTAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 1.9.2012 rendered by learned Sessions Judge, Solan, District Solan, in Sessions Trial No. 7 -S/7 of 2011, whereby the accused/appellant was acquitted for the offence punishable under Section 201 of the Indian Penal Code and convicted for the offences punishable under Sections 307 and 333 of the Indian Penal Code and Sections 184 and 185 of the Motor Vehicles Act. He was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 30,000/ - and in default of payment of fine to undergo further imprisonment for a period of one year under Section 307 of the Indian Penal Code; to undergo rigorous imprisonment for three years and to pay a fine of Rs. 20,000/ - and in default of payment of fine to undergo further imprisonment for one year under Section 333 of the Indian Penal Code; to undergo simple imprisonment for six months and to pay a fine of Rs. 1000/ - and in default of payment of fine to undergo simple imprisonment for one month under Section 184 of the Motor Vehicles Act; and to undergo simple imprisonment for six months and to pay a fine of Rs. 2000/ - and in default of payment of fine to undergo simple imprisonment for one month under Section 185 of the Motor Vehicles Act. All these sentences were ordered to run concurrently.

(2.) THE case of the prosecution, in a nutshell, is that on 1.3.2011 PW3 Surender Mohit Sharma was going from Solan to Delhi along with his wife in a car bearing HR -64 -A -5551 and when he reached near Barog Bye Pass, Tapan Motor, the accused came from behind driving a truck bearing No. HR -56 -5781. He while over taking the vehicle of Surender Mohit Sharma from wrong side hit the same from behind. Surender Mohit Sharma asked the accused to compensate him for damage caused to his vehicle, but the accused refused to do so and took away the truck in question towards Dharampur. Surender Mohit Sharma reported the matter to the police and rapat in the daily diary, Ext.PW16/D was recorded by PW16 HC Praveen Kumar. Nakka was laid in front of the Police Station Dharampur by PW1 Constable Sunil Kumar, PW2 HHG Mohinder Singh and HHC Mast Ram. The accused after some time reached at the Nakka driving the truck at a high speed. The police officials gave signal to the accused to stop the truck, but the accused did not stop the truck and hit HHC Mast Ram with an intention to kill him. HHC Mast Ram fell down and thereafter, the accused took the truck towards Sanwara side. Prior to reaching Dharampur, the accused had also hit the bus being driven by PW5 Balvinder Singh. HHC Mast Ram was taken to hospital at Dharampur. He was medically examined by PW13 Dr. Parvinder Singh. According to him, the injured suffered three injuries, out of which injuries No. 1 and 2 were found dangerous to life. He issued MLC Ext. PW13/B along with opinion Ext.PW13/D. HHC Mast Ram was referred to PGI Chandigarh. He was examined by PW25 Dr. Balrajashekhar Chandra. HHC Mast Ram was found to have suffered severe head injury, which was dangerous to life. He issued case summary Ext.PW13/C along with MLC Ext.PW25/A. The truck in question was apprehended near Timber Trail Resort, Parwanoo. Thereafter, on the basis of statement of Sunil Kumar, Ext.PW1/A, under Section 154 Cr.P.C., FIR Ext.PW16/A was recorded by PW16 HC Parveen Kumar at Police Station, Dharampur. PW23 Inspector Jagdish Chand visited the spot and prepared spot map Ext.PW23/B and took photographs Ext.PW23/C -1 to Ext.PW23/C -3. Sample of blood stained soil was lifted and sealed with seal impression N and was seized vide memo Ext.PW1/C in the presence of witnesses PW1 Constable Sunil Kumar and PW4 Raghubir Singh. The seal after use was handed over to PW4 Raghubir Singh after taking specimen impression of seal vide Ext. PW4/A separately. The car of PW3 Surender Mohit Sharma was also taken to the Police Station and its photographs Ext.PW23A -1 to Ext.PW3/A -3 were taken and the paint of the car after scratching was taken into possession by the police. It was sealed in a cloth packet with seal impression 'O' vide memo Ext.PW1/B. The paint of the truck after scratching was put into match box, which was sealed with seal impression 'B' after putting in a cloth parcel and was seized vide memo Ext.PW7/A. The truck along with its documents was seized vide memo Ext. PW4/C and photographs of the truck Ext. PW23/D -1 and Ext.PW23/D -2 were taken. The investigation was completed and the challan was put up in the court after completing all codal formalities.

(3.) LEARNED Sessions Judge, Solan acquitted the accused under Section 201 of the Indian Penal Code and convicted and sentenced him for the offences punishable under Sections 307 and 333 of the Indian Penal Code and Sections 184 and 185 of the Motor Vehicles Act vide judgment dated 1.9.2012, as stated hereinabove. Hence, the appeal.