DILBAG SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dt. 30/4/2024 passed by learned Sessions Judge (Forests), Shimla (learned Trial Court), vide which the appellant (accused before the learned Trial Court) was convicted of the commission of offences punishable under Ss. 279 and 304AA of the Indian Penal Code (IPC) and was sentenced as under:-

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan for the commission of offences punishable under Sec. 279, 337, 338 and 304-AA of the IPC. It was asserted that information was received in the Police Station that a truck had fallen into a gorge. The information was reduced into writing and an entry (Ext.P1/PW12) was recorded in the Police Station. SI Kewal Singh (PW12) and Constable Anil (PW11) went to the spot in the official vehicle bearing registration No. HP07A-0726, which was being driven by HHG Vishal. SI Kewal Singh noticed that a vehicle bearing registration No. HP38B-7031 distance of around 100 meters towards the Kufri side. SI Kewal Singh and other police officials went towards Kufri and found one dead person lying on the kachha portion of the road in a crushed condition. The injured in the ambulance disclosed his name as Dilbag Singh (accused) and the name of the deceased as Kundru alias Krishan. Dilbag Singh revealed that he was a conductor, and the deceased was the driver. SI Kewal Singh obtained the phone number of the owner. He contacted the owner, and the owner revealed that Dilbag Singh was the driver and Kundru @ Krishan was the conductor. The accident occurred due to the negligence of the accused. Rukka (Ext. P1/PW9) was prepared and was sent to the Police Station, where FIR (Ext.P2/PW9) was registered. Dilbag Singh was sent for medical examination to IGMC Shimla. The forensic team was called to the spot. Gayan Thakur specialist from SFSL Junga, and Dr Rahul Gupta Forensic Expert from IGMC Shimla, reached the spot. Anjana Chauhan and Shalinder (PW2) were also called to the spot. SI Kewal Singh inspected the dead body and prepared the inquest reports (Ext.P1/PW2 and Ext.P1/PW12). The dead body was turned, and blood was found, which was lifted with the help of a piece of gauge. The sample so collected was kept on paper, which was put in a plastic container. The blood-stained soil and stones were lifted from the spot, which were put in separate containers, the containers were put in separate cloth parcels, and each parcel was sealed with three seals of seal impression ' '. Seal impression (Ext.P1/PW3) was taken on a separate piece of cloth. Parcels were seized vide memo (Ext.P2/PW3). An application (Ext.P2/PW12) was filed for conducting the pos mortem examination of the deceased. Dr Vinod Bhardwaj (PW17) conducted the postmortem examination of deceased Krishan @ Kundru. He found multiple injuries. He opined that the cause of death was gross lacerations of the brain secondary to blunt trauma consistent with crush injuries in a road traffic accident. He issued the report (Ext.P12/PW12). SI Kewal Singh investigated the matter. He prepared the site plan (Ext.P3/PW12), and seized the truck bearing registration No. P38A-7031 and 613 apple boxes, being transported in the truck, vide memo (Ext.P3/PW3). The photographs of the spot (Ext.P4/PW12 to Ext.P10/PW12) were taken. The dead body was handed over to Yashpal vide memo (Ext.P11/PW12). Sanjeev Kumar mechanically examined the vehicle and found that there was no mechanical defect in the vehicle which could have led to the accident. The medical examination of injured Dilbag was conducted by Dr Aman Madhaik (PW7), who found that Dilbag had sustained multiple injuries. He preserved the blood and the urine sample in different vials, sealed them with hospital seals and handed them over to the police official accompanying the injured. He issued the report (Ext.P2/PW7). He advised the X-ray. As per the X-ray report (Ext.P3/PW7), a fracture of the Navicular bone was found on the left foot. Hence, the nature f the injury No.1 was stated to be grievous, which could have been caused by means of a blunt weapon within 12 hours of examination. The samples were sent to the SFSL, Junga, and as per the report, the blood contained 21.68 % of ethyl alcohol, and the urine contained 12.65% of Ethyl alcohol. The statements of witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the learned Judicial Magistrate First Class, Court No.3, Shimla, who committed it to the learned Sessions Judge, Shimla, for trial.

(3.) Learned Sessions Judge assigned the case to learned Additional Sessions Judge-I, Shimla, who charged the accused with the commission of offences punishable under Ss. 279, 337, 338, 304-AA of IPC, to which he pleaded not guilty and claimed to be tried.