UNION OF INDIA Vs. AMAR CHAND

JUDGEMENT

(1.) The facts, involved in this appeal, by the Union of India, against an order of the learned Magistrate First Class, Mandi, acquitting the respondents, of an offence, under Sections 3/112, Motor Vehicles Act, are simple. Truck No. HIM-462, which belonged to the Himachal Pradesh Public Works Department, had met with an accident on 17.1.62, near Kangu, Tehsil Sundernagar, District Mandi. Hardyal Singh, who was one of the occupants of the truck, had sustained injuries, as a result of the accident, and had, subsequently, died in the Hospital. The two respondents along with other persons, were hauled up, in connection with the accident. The allegations of the prosecution were that Amar Chand respondent was taking some members of his family to Salapper bridge in the truck and was driving the truck himself, that he was driving the truck rashly and negligently and was unable to negotiate a curve near Kangu, that the truck had slipped into a nullah and Hardyal Singh had sustained injuries, and that in order to cause disappearance of the evidence of the accident, the two respondents, with the help of other persons, had taken the truck out of the nullah. On the above allegations, Amar Chand respondent was hauled up under Sections 304-A/201 I. P. C. and Kishan Das respondent, who was conductor of the truck, and some other persons, were hauled up under Sections 304-A and 201 I. P. C., read with Section 109 I. P. C. A separate challan was, also, put up, under Sections 3/112, Motor Vehicles Act, against the two respondents, for driving the truck without a licence.

(2.) The learned Magistrate decided the main case, under Section 304-A etc., I. P. C., first. He acquitted all the persons, hauled up, including the two respondents. He held that the evidence, adduced by the prosecution, was conflicting, contradictory and unreliable and that some of the witnesses, especially, Hari Ram PW-2 and Kirpa Ram PW-10, had not seen the occurrence and had deposed falsely. He, further, held that the prosecution had failed to prove that either of the two respondents, Amar Chand or Kishan Das, was driving the truck at the time of the accident. The prosecution did not file any appeal against the order of acquittal.

(3.) The learned Magisrtate, then, tried, summarily, the case under Sections 3/112, Motor Vehicles Act, filed against the two respondents. The witnesses, cited by the prosecution, in that case, were Hari Ram and Kirpa Ram, who had already appeared as PW-2 and PW-10, in the main case, under Section 304-A, I. P. C. The learned Magistrate did not feel the necessity of examining Hari Ram and Kirpa Ram as he had already held that they had not seen the occurrence and their evidence was false and fabricated. On the basis of his finding, recorded in the main case, that the prosecution had failed to prove that either of the respondents was driving the truck at the time of the accident, he acquitted both the respondents, of an offence under Sections 3/112, Motor Vehicles Act.