HARMINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 22/9/2014 passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. (Camp at Bilsapur) (learned Appellate Court), vide which the judgment of conviction dtd. 6/9/2013 and order of sentence dtd. 7/9/2013 passed by learned Chief Judicial Magistrate, Bilaspur, 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 leading to the present revision are that the police filed a challan before the learned Trial Court against the accused for the commission of an offence punishable under Sec. 279 of the Indian Penal Code, 1860 (IPC). It was asserted that the informant, Rajesh Vaidya (PW-3), was going from Mandi to Chandigarh on 21/3/2004 in a car bea ing egistration No. CH-03D-0987. A tractor without bearing any registration number came from the opposite side at a high speed towards the wrong side of the road at Baner Mor at 12:45 pm and hit the left side of the car. The steering rod was damaged by the accident. Accused Harminder Singh was driving the tractor at the time of the accident. The accident occurred due to the negligence of the accused. The matter was reported to the police. An entry No.14 (Ext.PW-5/A) was recorded in the Police Chowki. ASI Man Chand (PW-5) went to the spot for the verification of the information. He recorded the informant's statement (Ext.PW3/A) and sent it to the Police Station, where FIR (Ext.PW-4/A) was registered. ASI Man Chand investigated the matter. He prepared the site plan Ext.PW-5/B. He seized the tractor vide memo (Ext.PW-1/A) and car vide memo (Ext.PW-1/B). ASI Trilok Chand (PW-1) took the photographs (Ext.PB to Ext.PC), whose negatives are Ext.PD and Ext. F. HHC Dev Raj (PW-2) mechanically examined the vehicles. He did not find any defect in the vehicles that could have led to the accident. Statements of the pr secution witnesses were recorded as per their version, and after completing the investigation, the challan was prepared and submitted 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 an offence punis able under Sec. 279 of the IPC, to which he pleaded not guilty and claimed to be tried.