DHARAM PAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dt. 8/5/2015, passed by learned Additional Sessions Judge-I, Mandi, District Mandi, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dt. 25/10/2024 passed by learned Judicial Magistrate First Class, Karsog, District Mandi, H.P. (learned Trial Court) were partly 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 revision are that the police presented a challan before the learned Trial Court for the commission of offences punishable under Ss. 279, 337 and 338 of the Indian Penal Code (IPC). It was stated that the informant, Narender Kumar (PW1), was standing outside his shop. Hem Kund (PW7) was standing on the roadside near Parapet. A tempo bearing registration No. HP30- 2276 came from Karsog on September 13, 2013, at approximately 2:30 PM. The driver of the tempo lost control and hit Hem Kund (PW7). The tempo crushed the left foot of Hem Kund (PW7). Dharampal (accused) was driving the tempo at the time of the acc dent. The accident occurred due to the negligence of the accused, Dharampal. The matter was reported to the police. An entry (Ext.PW9/A) was recorded in the Police Station. HC Ranjeet Singh (PW3) investigated the matter. He went to the spot. He recorded statement (Ext.PW1/A) of the informant Narender (PW1) and sent to the Police Station where FIR (Ext.PW3/B) was registered. He prepared the site plan (Ext.PW3/D). He seized the tempo vide memo (Ext.PW1/B) along with documents and the key. He took the photographs (Ext.P1 to Ext.P5) whose negatives are Ext.P6 and Ext.P7. An application (Ext.PW3/K) was filed for the medical examination of the injured/victim. Ghanshyam Dass (PW4) conducted the medical examination of the victim Hem Kund (PW7) and found that he had sustained grievous injuries. He issued the MLC (Ext.PW4/B). Keshva Nand (PW10) mechanically examined the tempo and found that there was no mechanical defect in it that could have led to the accident. He issued the report (Ext.PW10/A). The statements of witnesses were recorded as per their version, and after the completion f the investigation, the challan was prepared and presented before the learned Trial Court.

(3.) The learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, the learned Trial Court put notice of accusation to the accused for the commission of offences punishable under Ss. 279, 337 and 338 of the Indian Penal Code, to which he pleaded not guilty and claimed to be tried.