CHAINA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 29/12/2012, passed by learned Additional Sessions Judge-I, Kangra at Dharamshala, District Kangra, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dtd. 2/5/2008 passed by learned Judicial Magistrate, First Class, Palampur, District Kangra, 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 revision are that the police presented a challan before the learned Trial Court for the commission of offences punishable under Sec. 279, 337 and 338 of the Indian Penal Code (IPC) and Sec. 181 of the Motor Vehicles Act (M.V. Act). It was asserted that the informant Subhash Chand (PW-1) and his son Akshay Kumar (PW-2) were going to Beed on 11/3/2003. They were waiting for a bus at the old bus stand in Palampur. A bus bearing registration No. HP53-2713 came to the bus stand. Akashay Kumar was boarding the bus when the driver suddenly started it. Akshay fell, and his left leg was crushed under the rear tyre of the bus. The accused Chaina Ram was driving the bus. The accident occurred due to the negligence of the accused, who was attempting to overtake another bus. An intimation was given to the police. The police recorded an entry in the daily diary and sent Onkar Singh (PW-10), Gurbachan and HHC Ram Rattan to the Sub Divisional Hospital, Palampur, to verify its correctness. The informant made a statement (PW-1/A), which was sent to the Police Station, where F.I.R. (Ext.PW-8/A) was registered. The photographs of the spot (Ext.PA1 to Ext.PA12) were taken. Onkar Singh (PW-10) conducted the investigation. He prepared the site plan (Ext.PW-10/A). He seized the bus along with the documents vide seizure Memo (Ext.PW-6/A). The mechanical examination of the bus was conducted by Kuldeep Singh (PW-7), who found that there was no mechanical defect in the vehicle which could have led to the accident. He issued his report (Ext.PW-7/A). Dr. Vinay Mahajan (PW-3) conducted the medical examination of Akshay Kumar (PW-2) and found that he had sustained simple and grievous injuries, which could have been caused in a motor vehicle accident. He issued MLC (Ext.PW3/A) and final opinion (Ext.PW-3/B). Statements of witnesses were recorded as per their version, and after completion of the investigation, the challan was prepared and presented before the learned Trial Court.

(3.) Learned Trial Court found sufficient reasons to summon the accused, and when the accused appeared, a notice of accusation was put to him for the commission of offences punishable under Ss. 279, 337 and 338 of IPC and Sec. 181 of M.V. Act, to which he pleaded not guilty and claimed to be tried.