NARESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition is against judgment dated 23.06.2008 passed by learned Sessions Judge Kangra at Dharamshala, in Criminal Appeal No. 8 -D/X -2006 vide which conviction and sentence imposed by the learned JMIC -II, Dharamshala upon petitioner in Case No. 26.II/2004, in Case FIR No. 267/2003, Police Station Dharamshala, District Kangra, H.P. under Sections 279 and 338 IPC, has been affirmed.

(2.) Prosecution case is that on 29.12.2003, PW -9 Shamashudin, PW -3 Rehman Shekh, PW -7 Ahmad Khan and Sarajdin had loaded vehicle No. HP -39A -3334 for transportation households from Civil Bazar to one government quarter situated near Sainik Rest House Dharamshala. During transportation, they were sitting in rear portion of the vehicle alongwith goods. Petitioner was driving the Jeep in high speed and near Shaheed Smarak they had shouted to drive the vehicle slow. However petitioner did not accede to their request and struck the vehicle with tree as a result of which double -bed box loaded in the vehicle had fallen upon them and PW -9 Shamashudin has suffered injuries of both legs & hand and PW -3 Rehman Shekh had suffered injuries on whole body. Both of them were unconscious and were taken to the hospital. Statement of PW -9 Ext. PW -9/A was recorded on 30.12.2003 by PW -10 SI Duni Chand alleging that accident had occurred on account of rash and negligent driving of petitioner -accused.

(3.) On the basis of Ruka statement PW -9/A, FIR Ex. PW -5/A was recorded in Police Station Dharamshala. After completion of investigation, challan was put in the Court. Prosecution has examined 10 witnesses to prove guilt of petitioner -accused. Statement of petitioner -accused was recorded under Section 313 of Cr.P.C. and no defence witness was examined.