DEEP RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 13/5/2013 passed by learned Sessions Judge, Hamirpur, District Hamirpur, H.P. (learned Appellate Court) vide which the judgment of conviction and order of sentence dtd. 2/11/2011 passed by learned Chief Judicial Magistrate Hamirpur, District Hamirpur, H.P. (learned Trial Court) were upheld (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 petition are that police presented the challan before the learned Trial Court for the commission of offences punishable under Ss. 279 and 337 of the Indian Penal Code (IPC) and Ss. 181 and 187 of the Motor Vehicles Act (M.V. Act). It was asserted that informant Pritam Chand (PW-10) was travelling in a bus bearing registration No. HP-HP38A-8033. When the bus reached near Hatli Bridge at about 12:30 a.m., a truck bearing registration No. HP63-5015 came from the opposite side. Both vehicles were moving at a high speed, and their drivers could not control them. The vehicles hit each other. The accident occurred due to the negligence and high speed of the drivers of the bus and the truck. The Police registered F.I.R. (Ext.PW-4/A). Govind Ram (PW-11) conducted the investigation. He visited the spot and prepared the site plan (Ext.PW-11/B). He seized the Truck bearing registration No. HP63-5015 vide memo (Ext.PW-1/A). The Truck had 180 cement bags, which were handed over to Brij Lal (PW-5). Ramesh Chand (PW-6) conducted the mechanical examination of the bus and the truck and found that there was no defect in them which could have led to the accident. Statements of the prosecution witnesses were recorded as per their version. It was found after the investigation that the accident had occurred due to the negligence of the accused, who was driving the truck in a state of intoxication at the time of the accident. The accused also did not have a valid driving license to drive the truck. Hence, the challan was prepared and presented before the learned Trial Court.

(3.) Learned Trial Court put the notice of accusation to the accused for the commission of offences punishable under Sec. 279 of IPC and Ss. 187 and 181 of M.V. Act, to which the accused pleaded not guilty and claimed to be tried.