VIGYAN DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) This case has a chequered history and the petitioner is in the third round of litigation.

(2.) It appears from the record that an FIR was lodged on 1.5.1996 at Police Station, Una, in terms of telephonic message received from Chowkidar, Police Post City, Una about the accident, which was allegedly caused by the petitioner-accused while driving vehicle-truck bearing registration No. HIB-1321 rashly and negligently, in which three persons, namely, Bhupinder Grover, Parvesh Mehta and Narinder Singh, who were traveling in Maruit van bearing registration No. DL-2C-D-5936, sustained injuries and were taken to hospital. The Investigating Officer had filed an application before the Chief Medical Officer, District Hospital, Una, whereby permission was sought whether the injured were fit to make statement(s). The only statement of injured Narinder Singh was recorded who was found fit to make statement by the doctor/expert. Bhupinder Grover succumbed to the injuries in the hospital on the same day.

(3.) The police conducted the investigation and filed charge-sheet in terms of mandate of Section 173 of the Code of Criminal Procedure, for the short "the Cr. P.C." before the Court of competent jurisdiction, i.e. Chief Judicial Magistrate, Una, District Una, H.P. The accused was charge-sheeted for commission of offences punishable under Sections 279, 337, 338 and 304-A of the Indian Penal Code, for short "the IPC".