HUKAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Criminal Revision Petition filed under Section 397 of the Code of Criminal Procedure, is directed against the judgment dated 30.3.2010, passed by learned Additional Sessions Judge, Sirmaur, District Nahan, H.P. in Criminal Appeal No. 25-N/10 of 2009, affirming the judgment/order dated 30.4.2009/ 1.5.2009 passed by learned Judicial Magistrate Ist Class, Court No.1, Paonta Sahib, District Sirmaur, H.P. in Criminal Case No.174/2 of 06/04, whereby the present petitioner (in short "accused") was convicted under Sections 279, 337 and 338 of IPC and sentenced as under:- <FRM>JUDGEMENT_170_LAWS(HPH)10_2016_1.html</FRM>

(2.) Briefly stated facts, as emerged from the record are that on 8.1.2004 at about 7:15 Ram Lal, complainant reported the matter to the police vide statement Ex.PW1/A stating therein that his house is near Main Road Behral and at about 6:30 P.M, his mother alongwith his daughter was going to Baba Saiyad. He further stated that when they were crossing the road, a motorcycle came from Bata Pul, Paonta side at a high speed and hit his daughter, who had almost crossed the road. He further stated that he had witnessed the occurrence from the courtyard of his house and when he came running to the spot, on seeing him, the driver of the motorcycle known as Narata, fled away from the spot with the motorcycle. He further stated that his daughter received injuries on her leg and mouth etc. He further stated that lateron, he came to know that the motorcycle was of Kuldeep son of Sh. Manmohan Singh, resident of Bata Mandi. He further stated that occurrence took place due to the rash and negligent driving of the motorcycle being driven by Narata son of Sh. Jai Singh. On the basis of the aforesaid statement Ex.PW1/A, FIR Ex.PW10/B was registered against the accused. Police during the investigation prepared the spot map Ex.PW10/D and also took into possession motorcycle c vide memo Ex.PW5/A. Police got the mechanical examination of the motorcycle conducted and obtained mechanical report Ex.PW9/A. During the investigation of the case, police also procured MLC Ex.PW7/B of injured Nikita. Police also recorded the statements of the witnesses under Section 161 Cr.P.C as per their version. After completion of the investigation, police presented the challan in the competent Court of law with a prayer to punish the present petitioner-accused for the offence punishable under Sections 279,337 and 338 of IPC.

(3.) Learned trial Court after satisfying itself that a prima-facie case exists against the accused, framed charges under Sections 279, 337 & 338 of IPC against the accused, to which he pleaded not guilty and claimed trial.