STATE OF H.P. Vs. RAJ KUMAR

JUDGEMENT

(1.) RESPONDENT , Raj Kumar, was sent up for trial for an offence punishable under Section 279 of the Indian Penal Code, by Kandaghat police. A case was registered against him by the police on the basis of statement under Section 154 of the Code of Criminal Procedure, made by Sh. Naresh Kumar, driver of a private bus, which started from Solan on 8.11.1996 at 8.15 a.m. Said Naresh Kumar stated that when he reached a point about 15 meters short of Chail Chowk driving his bus at normal speed, a bus of Haryana Roadways, bearing registration No. HR-37-1020 appeared from the opposite direction and that the said bus was being driven at excessive speed and also on the wrong side. He stated that on seeing the bus coming on the wrong side and also at the very fast speed, he applied the brakes and brought the bus to a halt, but the Haryana Roadways bus that appeared from the opposite direction rammed into his bus. The police investigated the case. The statement of the conductor and a traffic constable on duty and some passengers traveling by bus of the complainant were recorded. Both the vehicles involved in the accident were got mechanically tested. No mechanical defect was found in either of the two vehicles. On the completion of the investigation, report against the respondent who was driving the Haryana Roadways bus was filed in the court of learned Judicial Magistrate, who after putting the substance of accusation to the respondent, proceeded with the trial and ultimately acquitted the respondent (accused).

(2.) THE State of Himachal Pradesh, who prosecuted the accused in the court of learned Judicial Magistrate, is not satisfied with the judgement of the trial court, and therefore, it has filed the present appeal.

(3.) THOUGH the complainant, while in the witness box, stated that he went to the police station to lodge the first information report, other evidence led by the prosecution suggests that intimation of the accident was given to the police through wireless message by Mansa Ram, constable on duty. A police officer then went to the spot and it was there that statement of Naresh Kumar, complainant was recorded under Section 154 of the Code of Criminal Procedure. Record of the wireless message sent by the traffic constable Mansa Ram to the police station makes an interested reading. According to this message a collision between a truck and a bus had taken place. As a matter of fact, the collision had taken place between two buses. The contents of the wireless message give a complete lie to the testimony of PW 12 Mansa Ram, traffic constable that he saw the accident taking place and that the bus of Haryana Roadays, which came from Shimla side was being driven very fast. It may be stated that admittedly the Haryana Roadways bus was being driven by the respondent.