STATE OF H.P. Vs. CHARANJEEV

JUDGEMENT

(1.) The present appeal is directed against the judgment dt. 18/5/2013, passed by learned Judicial Magistrate First Class, Rajgarh, Camp at Sarahan, District Sirmaur, H.P. (learned Trial Court) vide which the respondent (accused before learned Trial Court) was acquitted of the commission of offences punishable under Ss. 279, 337 and 338 of Indian Penal Code (in short "IPC") (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 appeal are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Ss. 279, 337 and 338 of the IPC. It was asserted that a bus was going from Mangarh towards Solan, and a pick-up bearing registration No. HP-71-0971 was going towards Mangarh on 15/5/2010 at 08:15 am. The driver of the pickup reversed his vehicle to enable the bus to pass. Yashpal (PW4) and Bhupinder Singh (PW5) were sitting on the motorcycle bearing registration No. HP-14A-0729, which was parked on the roadside. The pickup hit the motorcycle. Yashpal (PW4) jumped, but Bhupinder Singh (PW5) was dragged for a considerable distance. The motorcycle was damaged in the accident. Yashpal (PW4) and Bhupinder Singh (PW5) sustained injuries. They were taken to the hospital, and an intimation was given to the police. An entry (Ex-PW10/A) was recorded in the police station. HC Varinder Kumar (PW11) and Constable Kamal Kumar were sent to verify the correctness of the information. HC Vinod Kumar recorded the statement (Ex-PW1/A) of Yudhvir Singh (PW3), which was sent to the police station where FIR (Ex-PW11/A) was registered. HC Varinder Kumar investigated the matter. He prepared the site plan (Ex-PW11/C) and seized the vehicles along with the documents vide memos (Ex-PW1/A and Ex. PW9/A). The photographs of the spot (Ex- PW1 to PW5) were taken. Constable Suresh Chand (PW7) mechanically examined the motorcycle and the pickup. He did not find any defect in them which could have led to the accident. He issued the reports (EX-PW7/A and Ex-PW7/B). Bhupinder Singh (PW5) was medically examined by Dr Tajinder Bansal, who found that Bhupinder Singh (PW5) had sustained simple and grievance injuries. He issued the MLC (Ex-PX1/A). Yashpal (PW4) was treated in a private hospital, and the treatment summary (Ex-PX/2) was taken into possession. 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 Trial Court.

(3.) Learned Trial Court found sufficient reasons to summon the accused. 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 the IPC, to which he pleaded not guilty and claimed to be tried.