HARISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 16/7/2013, passed by learned Sessions Judge, Sirmour District at Nahan, H.P. (learned Appellate Court) vide which the judgment of conviction dtd. 19/3/2011 and order of sentence dtd. 24/3/2021, passed by learned Judicial Magistrate, First Class, Rajgarh, District Sirmour H.P. (learned Trial Court), were partly set aside (The 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 the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Ss. 279 and 427 of the Indian Penal Code (IPC) and Sec. 185 of the Motor Vehicles Act (M.V.Act). It was asserted that informant Padam Singh (PW-1) was working as a Commission Agent. He has his shop and residence at Giripul. He had parked his vehicle outside his shop on the roadside on 23/4/2010 at 8:30 p.m. He heard a noise at 9:00 p.m. He came out and saw that his vehicle had moved 8-10 feet. Many people had gathered on the spot. It was found that one Tipper bearing registration No. HP64-0847 had hit the Pickup at high speed. The accused Harish Kumar was driving the Tipper. The matter was reported to the police. HC Sanjay Kumar (PW-8) and Constable Dinesh Kumar visited the spot. HC Sanjay Kumar (PW-8) recorded the statement of informant Padam Singh (Ext.PW1/A), which was sent to the Police Station, where F.I.R. (Ext.PW-8/A) was registered. HC Sanjay Kumar (PW-8) investigated the case. He prepared the site plan (Ext.PW-8/B) and seized the Tipper along with its documents and driving licence vide seizure memos (Ext.PW3/A, Ext.PW1/B and Ext.PW4/A) respectively. The medical examination of the accused was conducted by Dr. Chintvan Thakur (PW-5), who found that the accused was smelling of alcohol but had not suffered any injury. He issued MLC (Ext.PW5/A). The Tipper was mechanically examined, and the mechanical report (Ex. PX) was issued. Sushil Kumar produced the Pickup, which was seized vide memo (Ext.PW6/A). Photographs (Ext.P-1 to Ext. P-5) were taken. Statements of the prosecution witnesses were recorded as per their version, and after completion of the investigation, the challan was prepared and presented before the 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 and 427 of the IPC and Sec. 185 of the M.V.Act, to which he pleaded not guilty and claimed to be tried.