STATE OF H P Vs. MAN SINGH

JUDGEMENT

(1.) In this appeal against acquittal, the State of Himachal Pradesh, has assailed the judgment dated 30/07/1986, passed by the learned Sub Divisional Judicial Magistrate, Arki, District Solan, for the commission of offence under Sections 279/337/338 IPC, in Criminal Case No. 45/2 of 1984.

(2.) As per the prosecution case, the incident occurred on 22/11/1984, at about 2 P.M. at a place forming the portion of bus stand, Bhrarighat. Accused Man Singh was driving bus bearing Registration No. HPU-1208 and he was proceeding from Shimla towards Bilaspur side. Bhrarighat is located in between. The prosecution case is that S/Sh. Navjot Kalra, PW-1 and Pawan Kumar, PW-13 were passengers of another Himachal Road Transport Corporation bus, which also had stopped at Bhrarighat on its way from Shimla to Bilaspur. Both PWs 1 and 13 were standing by the side of a danga (retaining wall) of the shops belonging to Bishan Dass (PW-10) and Parkash Chand (PW-7) as shown in site plan Ex. PW-14/A at point 'A' i.e. to the extreme left side of the main State Highway known as "Shimla-Bilaspur Road". The tarred width of the road at the relevant place is 32' 6". Shops of both PWs 7 and 10 are located at a height of about 5' from the level of the main road. The prosecution version is that accused was driving his bus at a fast speed which struck against the retaining wall and caused not only simple but also grievous injuries on the person of Pawan Kumar Madan (PW-13). It is alleged that the injured was pressed in between the bumper of the bus and the retaining wall. The accused removed the injured in his bus to a hospital located at Bilaspur. Statement of the other passenger, namely, Navjot Kalra (PW-1) was recorded by A.S.I. Rajender Pal, Incharge, Police Post (City) Bilaspur under Section 154 of the Code of Criminal Procedure who sent requa to the Police Station, Arki, on the basis of which FIR Ex. PW-6/A was registered against the accused by the police of Police Station, Arki. The accused remained admitted in the hospital for a period of 6 months. Head Constable, Dev Raj, Incharge, Police Post, Bhrarighat (PW-14) visited the spot, prepared site plan Ex. PW-14/A, collected medical evidence and recorded the statements of material witnesses and thereafter, on completion of investigation, prosecuted the accused.

(3.) Notice of accusation under Section 251 of the Code of Criminal Procedure, was put to the accused, to which he pleaded not guilty and claimed trial. However, in his statement under Section 313, Cr. P.C., he pleaded to the following effect :