VIKRAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present Criminal Revision Petition filed under Section 378 of the Code of Criminal Procedure is directed against the judgment dated 17.12.2007, passed by learned Sessions Judge, Mandi in Criminal Appeal No.4 of 2006, affirming the judgment passed by learned trial Court in Police Challan No.209 -II/98/96 on 20.1.2006.

(2.) Briefly stated facts necessary for the adjudication of the present case are that on 25.7.1996, at about 11:15 AM bus bearing registration No.HP -01 -1507 being driven by the petitioner( in short " Accused") was on its way from Mandi to Kullu and when the aforesaid bus reached at Nagwain, a Maruti Van bearing No. HP -02 -2050 came from the opposite direction i.e Kullu side. Since the bus was being driven in rash and negligent manner he could not control the same while negotiating a curve and struck the bus against aforesaid Maruti van, as a result whereof, occupants of the Maruti Van including the driver Roop Chand sustained simple as well as grievous injuries and they were taken to District Hospital, Kullu in a private car and thereafter from the hospital, a telephonic message was received in Police Station, Aut regarding the aforesaid accident; on the basis of which rapat No.9,dated 25.7.1996 Ex.PW6/A was entered in Rapat Rojnamcha register. On this information, HC Mool Raj along with Constable Shanti Kumr and Subhash Chand went to the spot and recorded the statement of complainant Manoj Kumar(PW -3) under Section 154 Cr.P.C vide Ex. PW3/A, on the basis of which, FIR Ex.PW12/A was registered against the accused. During the investigation, police obtained MLC Ex.PW8/A, X -ray forms Ex.PW8/B, X -ray films Ex. PW8/C and Ex.PW8/D of Rup Chand and MLC Ex.PW8/E of injured Kuber Dutt. During investigation, police took into possession the broken pieces of glass Ex.P1 of the bus vide recovery memo Ex.PW3/B. The bus bearing No. HP -01 -1507 along with its key and documents as well as the Maruti Van bearing No.HP 02 -2050 were also taken into possession along with documents vide recovery memo Ex.PW3/C and Ex.PW4/C respectively. However, lateron the bus and van were handed over on sapurdari as per the order passed by the Court below. The investigating officer also prepared the spot map Ex.PW12/C. The photographs of the place of accidents Ex.PW5/A -1 to Ex.PW5/A -7 were also obtained. After completion of the investigation, challan was prepared and presented in the competent Court of law against the present accused.

(3.) The learned trial Court after satisfying itself that a prima facie case exist against the accused, framed the notice of accusation under Sections 279, 337, 338 of Indian Penal Code against the accused, to which accused pleaded not guilty and claimed trial.