AJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 15/12/2012 passed by learned Sessions Judge, Sirmour, District at Nahan, H.P. (learned Appellate Court) vide which judgment of conviction dtd. 30/3/2010 and order of sentence dtd. 6/4/2010 passed by learned Judicial Magistrate First Class, Court No.2, Paonta Sahib District Sirmour, H.P., (learned Trial Court) was 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 against the accused before the learned Trial Court for the commission of offences punishable under Ss. 279 and 304-A of the Indian Penal Code (IPC) and Sec. 192 of Motor Vehicles Act, 1988 (M.V. Act). It was asserted that the police received information on 9/10/2005 that one case of an accident was brought to the Pawar Nursing Home. HC Dev Raj (PW-8) and Constable Surinder Dutt went to Pawar Nursing Home for the verification of the information. HC Dev Raj (PW-8) filed an application (Ext. PW-8/A) to seek the opinion of the Medical Officer regarding the competence of the injured to make the statement. The Medical Officer opined that the injured was not fit to make a statement. A request was made for the medical examination of the injured. Dr. Inderjieet Singh (PW-5) conducted the medical examination of the injured and issued a report (Ext.PW-5/A). HC Dev Raj (PW-8) went to the spot where Dishi Verma (PW-1) made a statement (Ext.PW-1/A)that he was present on the roof of his house on 9/10/2005 at about 12:30 p.m. A scooter was coming from Badripur, which was being followed by a tractor. The informant heard some noise while getting down the roof. He went to the spot and found that a tractor had hit the tree towards the left side of the road. One scooter bearing registration No. HP17-2638 was crushed under the tyres of the tractor. The injured scooterist was taken to Pawar Nursing Home for treatment. Accused Ajeet Singh was driving the vehicle, and the accident had occurred due to his negligence. The statement was sent to the Police Station, where F.I.R. (Ext.PW8/B) was registered. HC Dev Raj (PW-8) conducted the investigation. He took the photographs (Ext.P-1 to P-9), whose negatives are P-10 to P-18. He prepared the site plan (Ext.PW-8/D). He seized the tractor and scooter vide memo (Ext.PW-1/B). He seized the delivery challan, insurance, and driving license vide memo (Ext.PA). X-rays(Exts.P-4 and P-7) were taken, and the fracture was detected in the part x-rayed. Subsequently, information was received that the injured had died at PGI, Chandigarh. Inquest report (Ext.PW-8/F) was prepared. An application (Ex.PW-8/G) was filed for post-mortem examination. The deceased was referred to Sector 16, Government Hospital, Chandigarh, for the post-mortem examination. Dr. Naresh Sharma (PW-6) conducted the post-mortem of the deceased and issued the Post Mortem report (Ext.PW-6/E), mentioning that the death had taken place due to the injuries which could have been caused in a road side accident. HHC Subhash Chand (PW-7) conducted the mechanical examination of the tractor and the scooter. He found that there was no mechanical defect in the vehicles, which could have led to the accident; however, the damage was caused to the vehicles due to the accident. 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 Trial Court.

(3.) Learned Trial Court put notice of accusation to the accused for the commission of offences punishable under Sec. 279, 304-A of IPC and Sec. 192 of M.V. Act, to which the accused pleaded not guilty and claimed to be tried.