SATPAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant Criminal Revision Petition has been filed by the petitioner/accused (hereinafter referred to as 'accused') against the judgment dtd. 27/5/2009 passed in Criminal Case No.2AR/10 of 2007/2008, vide which the appeal of the accused against the judgment of conviction passed by the learned Sub Divisional Judicial Magistrate, Rampur Bushahr, District Shimla, H.P; passed in Criminal Case No.230-2 of 2005 dtd. 31/8/2007, for the offences punishable under Ss. 279, 337 and 338 of the Indian Penal Code and Sec. 181 of the Motor Vehicles Act, has been partly allowed.

(2.) Precisely, the facts of the case as emerge from the record are that FIR No.120 of 2005 had been lodged on 7/10/2005 at Police Station Jeori. The accused at about 7:30 p.m, at place Jeori, while reversing his vehicle i.e. Tata Mobile had struck one lady, namely, Smt. Yashoda. The complaint in this respect was made by Shri Bhagwan Dass, who had appeared during the trial as PW-3. Based on the complaint so filed, FIR bearing No. 120 of 2005 was registered.

(3.) In furtherance of the aforesaid FIR, an appropriate investigation was conducted. During investigation site plan was prepared, photographs were clicked, vehicle was got mechanically examined and the victim was also got medically examined. Other than the aforesaid, statement of witnesses under Sec. 161 Cr. P.C were recorded. Post conclusion of the investigation, an appropriate challan was presented before the learned trial Court. In pursuance to the challan so filed, charge was framed to which, the accused pleaded not guilty and claimed trial. During the trial, the prosecution has examined seven witnesses, which included the victim, complainant, independent witnesses, Investigating Officer and the relevant documents were got exhibited. All incriminating evidence adduced by the prosecution was put to the accused while recording his statement under Sec. 313 Cr. P.C.