RAM BHAJ KAPOOR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present criminal revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, the petitioner (hereinafter referred to as the 'accused') has assailed the judgment dated 28.2.2009 rendered by learned Sessions Judge, District Sirmour at Nahan, H.P., in Criminal Case No. 10 -cr.A/10 of 2006, whereby the judgment dated 16.3.2006 rendered by learned Judicial Magistrate, Ist Class, Court No. 1, Paonta Sahib, District Sirmaur, H.P in Criminal Case No. 91/2 of 2002/01 has been affirmed and petitioner -accused is convicted/sentenced to undergo simple imprisonment for a term of three months for an offence punishable u/s 279 of the Indian Penal Code. The convict is further sentenced to simple imprisonment for a term of three months for an offence punishable u/s 337 of the Indian Penal Code. The accused is further sentenced to simple imprisonment for a term of six months and to pay a fine of Rs. 1,000/ - for an offence punishable u/s 304 -A of the Indian Penal Code. In default of payment of fine, the petitioner -accused shall undergo simple imprisonment for one month. All sentences shall run concurrently.

(2.) In nutshell, the story of the prosecution is that on 22.7.2001, a telephonic call was received at Police Station, Paonta Sahib intimating that accident has taken place involving Maruti Car and scooter near Badripur. Immediately, thereafter H.C. Ramesh Kumar -PW -13 along with other police officials went to the spot where he was informed about injured persons being taken to the hospital. Accordingly, PW -13, after reaching the Pawar Hospital at Paonta Sahib, got the statement of the complainant -Tejpal Singh recorded under Section 154 Cr.PC. Complainant in his statement under Section 154 Cr.PC stated that when he was going on his scooter No. HP -17 -7275 along with pillion rider Kuldeep Singh Kohli from Badripur towards Paonta Sahib, all of the sudden, a Maruti car being driven rashly and negligently came on the wrong side from the opposite side and hit against the scooter. On account of this collusion, scooter was dragged by the car to some distance and as result whereof, scooterist along with rider fell on the road and the tyre of the car crossed over the right leg of the pillion rider. Complainant also sustained injuries on his person.

(3.) Police after recording statement of the complainant under Section 154 Cr.PC lodged FIR No. 283/2001 registered under Sections 279, 337, 304 -A of the Indian Penal Code against the accused. Police got all the formalities completed during the investigation. Vehicle involved in the accident got medically examined vide Ext.PW -2/A and Ext.PW -2/B. Site plan Ext.PW13/A was prepared, photographs Ext.PW -3/A to Ext.PW -3/H were taken. As per story of prosecution, police got the accused medically examined at Civil Hospital, Paonta Sahib, although he smelled Alcohol but on chemical analysis, no intoxication was found. Police also got complainant as well as pillion rider medically examined vide Ext.PW -8/B and Ext.PW -8/A respectively. However, on 23.7.2001, unfortunately, pillion rider -Kuldeep Singh Kohli who had sustained simple and grievous injuries succumbed to the injuries. Complainant has also suffered simple injuries on his person. Police after completion of investigation, found accused guilty of rash and negligent driving and registered case as has already been mentioned.