SUBHASH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The present criminal revision petition filed under Sec. 397 of the Cr.PC, is directed against the judgment dated 23.10.2007, passed by the learned Additional Sessions Judge-II, Kangra at Dharamshala, HP, in Criminal Appeal No. 32-K/X/2002, affirming the judgment dated 20.9.2002, passed by the learned Judicial Magistrate Ist Class, Kangra, District Kangra HP, in Criminal Case No. 387-II/96/93, whereby the accused-petitioner has been sentenced to undergo simple imprisonment for a period of three months for commission of offence punishable under Sec. 279 Penal Code. The petitioner has been further sentenced to undergo simple imprisonment for three months for the commission of offence punishable under Sec. 337 of Penal Code and for period of six months for the commission of offence punishable under Sec. 304-A of the Indian Penal Code.

(2.) Briefly stated facts as emerged from the record are that on 17.3.1993, at about 7:30 pm, police on having received information from the Medical Officer, S.D.H Kangra, visited the Hospital, where injured Bhagwan Dass, was admitted after the accident. However, fact remains that Medical Officer opined in writing that injured is not fit to make any statement. Accordingly, statement of the complainant Swroop Kumar was recorded, who stated to the police that on 17.3.1993 at about 7:00 pm, he along with late Sh. Bhagwan Dass was returning to Mataur from Kachhiari when scooter bearing No. JK-02- 5747 came from Mataur side being driven by the accused-petitioner. The complainant stated to the police that wife of the accused was pillion rider along with child and the scooter was being driven on a very high speed in rash and negligent manner. As per the complainant, petitioner-accused while negotiating the curve hit deceased Bhagwan Dass by coming on the wrong side, as a result of which, he sustained injuries on his leg and fell down. The complainant also reported that wife of the accused and his child also sustained injuries. The complainant specifically reported to the police that the accident occurred due to rash and negligent driving of the accused, who was driving scooter bearing No. JK-02-5747. On the basis of aforesaid complaint having been made by Swroop Kumar, police lodged formal FIR. Head Constable Krishan Dutt completed the investigation after visiting the spot and also prepared the site plan, and recorded the statements of witnesses under Sec. 161 Cr.PC. But unfortunately, injured Bhagwan Dass succumbed to injuries on the next date of the accident and the case was converted in the offence punishable under Sec. 279/304 of the Penal Code. Police also took into possession the scooter and got the same mechanically examined. The I.O. also obtained MLCs and autopsy report from the Hospital. Police after completion of investigation found the petitioner accused guilty of having committed offences under Sec. 279, 337 and 304-A Penal Code and accordingly, presented the Challan before the competent court of law.

(3.) Learned Judicial Magistrate Ist Class, Court No.II Kangra, District Kangra (HP), after satisfying itself that prima facie case exists against the accused person put a notice of accusation, to which he pleaded not guilty and claimed trial. Learned trial Court on the basis of evidence adduced on record by the prosecution, found the accused guilty of having committed offence under the Act and convicted and sentenced him as per description already given above.