RAJINDER SINGH MEHTA Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 17.4.2013 of the learned Addl. Sessions Judge, Kinnaur Sessions Division at Rampur Bushahar, H.P., rendered in Case No. 3 -AR/7 of 2009/2013, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offences under Sections 279, 337, 338 and 304 -AA IPC, was convicted and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 5,000/ - and in default of payment of fine to undergo further simple imprisonment for a period of one year under Section 304 -AA of the IPC. He was further sentenced to undergo simple imprisonment for two months and to pay a fine of Rs. 500/ - and in default to undergo simple imprisonment for a period of one month under Section 279 of IPC. He was also sentenced to undergo simple imprisonment for a period of three months and to pay a fine of Rs. 250/ - and in default to undergo further simple imprisonment for a period of 15 days under Section 337 IPC. All the sentences were ordered to run concurrently. The period of detention undergone by the accused was ordered to be set off under Section 428 Cr.P.C.

(2.) THE case of the prosecution, in a nut shell, is that on 16.4.2009, after the classes were over, Priyanka Thakur alongwith her friends were waiting for bus at Dakolar near Shangrila Hotel by the side of National Highway No. 22. She was a resident of Village and Post Office Nirmand and taking coaching classes in Sigma Institute for PMT and AIEEE. At about 3:40 PM one white coloured Sumo Jeep came from Rampur side at very high speed and hit the students standing by the side of the road. She alongwith Sapna, Usha, Monika, Satish, Anu and Manjula received injuries and Nidhi received serious injuries. The Sumo Jeep after hitting the students hit the hill side on other side of the road. It was driven by the accused. All the injured including Priyanka Thakur, were taken to the hospital. Nidhi succumbed to the injuries on the spot. The police reached the spot at about 3:45 PM. The police recorded the statement of Priyanka Thakur under Section 154 Cr.P.C. She narrated to the police the manner in which the accident has taken place due to the rash and negligent driving of the accused. The FIR was registered. The post mortem of deceased Nidhi was conducted. The other injured were also medically examined at MGMSC Khenari. The post mortem report was issued by the Medical Officer. The Tata Sumo jeep was taken into possession. The accused was arrested. His blood and urine samples were preserved and sent to FSL, Junga. The vehicle was mechanically inspected. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) MR . B.S. Chauhan, Advocate, has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. Neeraj K. Sharma, Dy. Advocate General, has supported the judgment of the learned Addl. Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P., dated 17.4.2013.