SANJAY SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present criminal revision petition filed under Section 397 of the Code of Criminal Procedure is directed against the judgment rendered by learned Sessions Judge, Kullu, H.P., in Criminal Appeal No. 5 of 2008 dated 25.4.2009 in "Sanjay Singh v. State of Himachal Pradesh", affirming the judgment of conviction and sentence dated 12.3.2008, passed by Judicial Magistrate, Ist Class, Manali, District Kullu, HP, in Criminal Case No. 66 -1/2001/21 -ii of 2002/395 -I of 2007, whereby the petitioner -accused is sentenced to undergo rigorous imprisonment for a period of three months and to pay fine of Rs. 1000/ - and in default of payment of fine to undergo rigorous imprisonment for a period of one month under Section 279 of the Indian Penal Code, to undergo rigorous imprisonment for a period of three months and to pay fine of Rs. 500/ - and in default of payment of fine to undergo rigorous imprisonment for one month under Section 337 of the Indian Penal Code and also to undergo rigorous imprisonment for one year and to pay fine of Rs. 5,000/ - and in default of payment of fine to undergo rigorous imprisonment for a period of three months under Section 304 -A of the Indian Penal Code. All the sentences shall run concurrently.

(2.) Briefly stated facts necessary for adjudication of the case are that on 2.4.2001, complainant namely Ahaliya Devi along with her daughter Seema and her children was travelling in auto rikshaw bearing No. HP -01 -0629 from Bashisht to Manali temple. When they reached at Chadyari turn at about 4.40 pm, the accused -driver lost his control over the vehicle due to fast speed and struck the vehicle against Lata Devi, who was walking on the road along with two other ladies and thereafter, the vehicle along with driver and all the occupants fell about 40 fts down from the road, as a result whereof, occupants sustained injuries. The injured persons were transported to the Lady Willington Hospital, Manali for treatment. Police received a telephonic message from the aforesaid Hospital at about 5.10 pm and on the basis of same, rapat No.20 Ex.PW10/A was entered in the Police Station. Subsequently, ASI Parma Nand and Constable Pawan Kumar went to the Hospital for verification. ASI parma Nand recorded the statement of the complaiant Ahaliya Devi Ex.PW5/A and sent it to the Police Station for registration of the case. On the basis of FIR Ext.PW5/A was registered against the driver i.e. Ext.PA. Police visited the spot of occurrence and prepared the site plan Ext.PW10/C and photographs of the spot (Ext.P1 to Ex.P4) and of the vehicle were taken and negatives of which are Ex.P5 to Ex.P8. Police impounded the vehicle involved in the accident along with its documents vide memo Ext.PW4/A. Ex.PW8/A is the mechanical report of mechanical examination of the vehicle involved in the accident. Application Ex.PW10/B was moved before the Medical Officer, Mission Hospital, Manali for the medical examination of the injured, who prepared the MLCs of accused and other injured persons vide Ext.PW7/A to Ext.PW7/F. It is also revealed from the record that petitioner -accused was driving at that relevant time without driving licence.

(3.) After completion of the investigation, police filed challan in the competent court of law and charged the accused for committing offences punishable under Section 279,337, 338, 304 -A IPC and Section 181 of the Motor Vehicles Act. The learned trial Court after satisfying that prima facie case exists against the petitioner - accused, charged him for commission of offences, to which he pleaded not guilty and claimed trial.