FIROZ KHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition has been filed against judgment dated 11.07.2007 passed by learned Special Judge, Shimla, in Criminal Appeal No. 29-S/10 of 2006, vide which it has upheld the conviction and sentence passed by the Court of learned Additional Chief Judicial Magistrate, Shimla, in case No. 109/2 of 2004.

(2.) The case of the prosecution in brief was that on 27.09.2003 at around 10.00 A.M., one Surjan Singh was driving maruti car bearing registration No. HP-62-376 which was being driven from Malyana. Vidya Dutt, Kedar Nath, Hakam Chand, Shiv Dayal and Sonia were the other occupants in the car. When the said car reached at the distance of about half kilometer from Mehli, at Shakrala, a truck bearing registration No.HP-10-2457 came from the opposite side in a very high speed, which was being driven by the accused in rash and negligent manner. The accused brought the truck to the extreme of the right side of the road i.e. his wrong side and collided the same with the car being driven by Surjan Singh. Resultantly, the car rolled down below the road and the truck also went off the road and fell on the said car. One Kanshi Ram who was walking on the side of the road also became a victim of the said collusion of the vehicles and he expired immediately. At about 10.15 A.M., an information to this effect was received at Police Post Kaumpti and ASI Ami Chand Incharge P.P. Kausmpti rushed to the spot alongwith other police officials. When the police team reached there it gathered that four occupants of the car had died at the spot. A Rukka Ext. PW6/A was sent to the Police Station on the basis of which FIR Ext. PW6/B was registered. Three of the injured persons were sent for medical examination.

(3.) In order to substantiate its case, the prosecution examined nine witnesses. The defence of the accused was denial simplicitor and according to him tie rod of the vehicle gave way, as a result of which, the truck became uncontrollable and had gone off the road.