JAGDEV SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In connection with F.I.R. No. 65 of 2009, dated 12.6.2009 (Ext. PW-13/A), registered at Police Station Jhakari, Distt. Shimla, accused was charged to face trial for having committed offences punishable under the provisions of Sections 279, 337, 338, 304-AA of the Indian Penal Code and 185 of the Motor Vehicles Act, 1988. In terms of the impugned judgment dated 8.4.2015/9.4.2015, passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P., in Sessions Trial No. 010003 of 2010, titled as State of Himachal Pradesh vs. Jagdev Singh, appellant-accused stands convicted of all the charged offences and sentenced to undergo rigorous imprisonment for a period of seven years and fine of Rs. 5000/- for offence punishable under the provisions of Section 304-AA IPC and in default thereof to further undergo simple imprisonment for a period of one year; simple imprisonment for a period of three months and fine of Rs. 500/- and in default thereof to further undergo simple imprisonment for one month, for each of the offences punishable under the provisions of Sections 279, 337 and 338 IPC; and fine of Rs. 500/- for offence punishable under the provisions of Section 185 of the Motor Vehicle Act and in default thereof to undergo simple imprisonment for 15 days. Present appeal stands filed by the appellant-accused under the provisions of Section 374 of the Code of Criminal Procedure, 1973.

(2.) Appellant lays challenge to his conviction only under the provisions of Sections 304-AA of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and 185 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act'), on the ground that prosecution has not been able to establish, beyond reasonable doubt, that at the time of occurrence of the accident, he was driving the vehicle in question under the influence of alcohol.

(3.) In view of limited challenge, one need not, in detail, discuss the prosecution evidence, save and except that through the testimonies of Pravesh Kumar (PW-1), Surinder Negi (PW-4), Vikas Prashar (PW-14) and Jyoti Prakash (PW-15) it stands established on record that on 12.6.2009 accused was driving Maxi Cab bearing registration number HP-02-1683, which on account of rash and negligent driving on the part of the accused, met with an accident. The vehicle was not found to be mechanically defective.