KULWANT RAI Vs. STATE OF H.P.

JUDGEMENT

(1.) This Revision Petition has been filed against judgment, dated 29.11.2006, passed by learned Additional Sessions Judge, Fast Track, Kullu in Cr. Appeal No. 5 of 2004, vide which learned appellate Court has dismissed the appeal filed by the petitioner and up-held the judgment, dated 06.05.2004, passed by learned Chief Judicial Magistrate, Kullu in Criminal Case No. 354-I of 1999/207-II of 1999, vide which the accused has been convicted for offences under Sections 279, 337, 338 and 304-A I.P.C.

(2.) The case of prosecution, in brief, was that complainant Satish Kumar Sharma was posted as Statistical Assistant Officer at Employment Exchange Office, Kullu and was living in the house of one Shri Ram Lal at Village Badah, Tehsil and District Kullu as tenant along with his family. On 05.08.1999, at 9:30 a.m. in the morning, he came to attend his office from his residence alongwith his friend Vijay Ram and wife Meenu. Vijay Ram was posted as Food & Civil Supplies Inspector at Rekong Peo. When all of them reached near the gate of the house of Anil Sood, Smt. Veerta Sood, wife of Sh. Anil Sood was standing there. In the meantime, a Tata Tempo 409 bearing registration No. HP 05-GA-0235 came from Kullu side, which was being driven rashly and it was on the wrong side of the road. This tempo hit the railing of the house in issue and then hit Vijay Ram, Meenu and Veerta Sood also. Shri Vijay Ram died on the spot after being hit by the tempo. Driver of the tempo fled away from the spot alongwith the tempo and the injured were brought to District Hospital, Kullu. Tempo involved in the accident had also hit a private bus near the building of Wine Contractor while fleeing from the spot. The accident had taken place due to the rash and negligent driving of the accused. The accident was accordingly reported to the police. An FIR was registered at Police Station, Kullu. Medical examination of injured was conducted and body of Vijay Ram was subjected to post mortem examination. During the course of investigation, accused was found driving the tempo involved in accident at the time of accident and the tempo alongwith documents was taken into possession by the police. This tempo was subjected to mechanical examination, but no mechanical defect was found in the said vehicle. After the completion of investigation, accused was charged for the commission of offences under Sections 279, 337, 338, 304-A and 201 I.P.C. As a prima facie case was made out against the accused, notice of accusation was put to the accused, who pleaded not guilty and claimed trial.

(3.) In order to prove its case, the prosecution in all examined 15 witnesses. PW-1 Satish Kumar is the complainant. PW-2 Amar Dev is witness to the truck being driven by accused which hit bus bearing registration No. HP31-3837. PW-3 is Anil Sood, whose wife Veerta Sood was hit by Tempo in question. PW-4 Shri Keshava Nand is the driver of bus No. HP 31-3837. PW-5 Mohan Lal is witness to the recovery of Registration Certificate, National Permit and Route Permit of tempo in issue as well as the driving licence of the accused. PW-6 Mayank Kumar is the owner of truck No. HR-05-GA-0235. PW-7 Ashwani Kumar is the Mechanic of HRTC, who had examined the tempo involved in the accident. PW-8 Thewa Ram is witness of taking into possession the bus involved in the accident in question. PW-9 Veerta Sood is one of the victims of the accident. PW-10 Vikas Awasthi is owner of Karyana shop near the house of Shri Anil Sood where the accident took place. PW-11 Dr. K.B.L. Srivastava is the Medical Officer who examined Satish Sharma. PW-12 Dr. Neena Lal is Medical Officer who examined Smt. Veerta Sood. PW-13 Dr. Baldev Kumar is also the Medical Officer who had examined injured Smt. Meena Sharma. PW-14 Dr. Malay Sarkar conducted the post mortem examination of deceased Vijay Ram. PW-15 Purshotam Dutt was posted as Investigating Officer in Police Station, Kullu.