THOUTHI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present criminal revision petition filed under Section 397 read with Section 401 of the Cr.PC is directed against the judgment dated 10.4.2015 passed by learned Additional Sessions Judge-III, Kangra at Dharamshala (Circuit Court at Palampur,) District Kangra (H.P.) in Criminal RBT Appeal No. 8-P/X/13/12 affirming the judgment of sentence/conviction awarded against the present petitioner-accused by learned Judicial Magistrate, Ist class Palampur, District Kangra vide judgment dated 29/30.8.2012 in Criminal Case No.160-II/2010.

(2.) In nutshell case set up by the prosecution is that on 22.6.2010, the complainant-Sudershna Devi PW-1 along with her son Anil Kumar PW-5 were coming to their house at Khatrehar Paprola in Car bearing No. HP-53-5068, after attending marriage. At the relevant time, PW-5 Anil Kumar was driving the car. As per story of the prosecution, at around 7:15 AM, when they reached near Punjab Kesari Office, Paror, a Tipper No. HP-37B-1775 being driven by the present petitioner-Thouthi Ram (hereinafter referred to as the accused) at a very high speed came from Palampur side and hit the aforementioned car on the wrong side of the road, as a result whereof PW-1 Sudershna Devi PW-1 as well as her son PW-5 Anil Kumar sustained minor injuries on their person. As per the narration given by the prosecution, the accident had taken place due to the rash and negligent driving of the accused. Further, after receiving a unanimous telephonic intimation of the accident at Police Station Bhawarna, District Kangra, rapat Ext. PW3/A was incorporated in the daily diary and H.C. Swaroop Chand PW- 3 along with HHG Ranbir Singh rushed to the spot where statement of PW-1 was recorded as Ext.PW1/A. Thereafter, H.C. Swaroop Chand PW-3 sent the statement Ext.PW1/A to the police station through HHG Ranbir Singh and FIR Ext.PW3/B was registered against the accused. At the instance of police, PW-1 injured Sudershna Devi was medically examined at SDH, Palampur and MLC Ex.PF was obtained. PW-3 H.C. Swaroop Chand prepared spot map Ext.PW3/D and took into possession car No. HP-53-5068 along with documents vide fard Ext.PA and simultaneously offending Tipper No. HP-37B-1775 was also taken into possession vide fard Ext.PB. Later on, both the above referred vehicles were got medically examined and mechanical reports Ext.PD and Ext.PE were also procured. After completion of investigation, challan against the accused was prepared and presented before the court. The learned trial Court below after supplying the copy of the challan, as envisaged under law, supplied to the accused and issued notice of accusation under Section 279 and 337 of the IPC. Accused pleaded not guilty and claimed trial.

(3.) The learned trial Court, after perusing the evidence on record, convicted the accused for committing offence under Sections 279 and 337 IPC and sentenced him to undergo Simple Imprisonment for a period of three months and to pay fine of Rs. 500/- and in default to pay fine, to further undergo Simple Imprisonment for one month for his committing offence under Section 279 IPC. Accused was also sentenced to undergo Simple Imprisonment for a period of three months and to pay fine of Rs. 500/- and in default to pay fine, to further undergo Simple Imprisonment for one month for committing offence under Section 337 IPC. Though, sentence awarded herein above was ordered to be run concurrently.