STATE OF H.P. Vs. SANJAY KUMAR

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 27/8/2010, passed by learned Chief Judicial Magistrate Kangra at Dharamshala (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Ss. 279 and 304-A of the Indian Penal Code(IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the informant, Ramesh Chand (PW-1), was carrying out the construction of Suresh Bakshi's building. A motorcycle bearing registration No. HP37-2108 came from Tang at a high speed at 4:45 p.m. Two persons were riding the motorcycle. Dulo Ram (since deceased) was coming from Narwana Bazar with a gunny bag on his head. The motorcycle hit Dulo Ram, and he fell on the road. Motorcycle riders stopped the motorcycle at some distance and ran away from the spot. The informant and other persons reached the spot.They found that Dulo Ram had sustained injuries. He subsequently succumbed to his injuries. The accident occurred due to the negligence of the motorcycle rider. The police were informed about the accident. An entry (Ext.PW-10/A) was recorded at the Police Station. ASI Geeta Parkash (PW-8) went to the spot for verification of the information. He recorded the statement of Ramesh Chand (Ext.PW-8/A)and sent it to the Police Station, where F.I.R. (Ext.PW-8/B) was registered. ASI Geeta Parkash (PW-8) conducted the investigation. Raj Kumar (PW-14) took the photographs (Ext.PW-14/A to Ext.PW-14/G) of the spot whose negatives are Ext.PW-14/H to Ext.PW-14/N. ASI Geeta Parkash (PW-8) prepared a site plan (Ext.PW-8/D).He conducted an inquest of the dead body and prepared a report (Ext.PW-8/F).He filed an application (Ext.PW-8/E) for conducting the postmortem of the deceased. Dr Harjinder Singh Sohal (PW-4) conducted the post-mortem examination of the deceased and found that Dulo Ram had died due to haemorrhagic shock caused by ante mortem head injury. He issued the report (Ext.PW-4/A). ASI Geeta Parkash (PW-8) seized the motorcycle vide memo(Ext.PW2/A).HHC Mangal Singh (PW-13) conducted the mechanical examination of the motorcycle and found that there was no defect in it, which could have led to the accident.He issued the report (Ext.PW-13/A). The accused was arrested, and it was found that he had sustained injuries in the incident. An application was filed for his medical examination, and Dr. Veena Pathiarch (PW-9) conducted his medical examination.She found that he had sustained grievous injuries, which could have been caused within 24 hours of examination. She issued MLC (Ext.PW9/A). ASI Geeta Parkash recorded the statements of the remaining witnesses as per their version. After completion of the investigation, the challan was prepared and presented before the learned Trial Court.

(3.) The learned Trial Court put notice of accusation to the accused for the commission of offences punishable under Ss. 279 and 304-A of IPC, to which the accused pleaded not guilty and claimed to be tried.