NARENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present criminal revision petition filed under Sections 397 and 401 of the Cr.PC, is directed against the judgment dated 3.12.2009, passed by the learned Sessions Judge, Kullu, HP, in Criminal Appeal No.44/2008, affirming the judgment and order of conviction dated 20.9.2008, passed by the learned Chief Judicial Magistrate, Lahaul-Spiti at Kullu, HP, in Criminal Case No. 127-I/2002, whereby the accused-petitioner is sentenced as per description given herein below:-

(2.) Briefly stated facts as emerge from the record are that the complainant Chaudhary Ram owner of Auto No. HP-61-0076 got his statement Ext.PW4/A recorded under Section 154 of the Cr.PC to the Police Station Sadar Kullu on 28.3.2002, stating therein that he was coming to Baba Balak Nath Temple, driving his three wheeler and when he reached near Angora Farm, a motorcycle bearing registration No. HP-34A-1105 came from Bhunter side in rash and negligent manner and crossed his three wheeler. He further stated that at about 100 yards away, master Rakesh Kumar (sincae deceased) was playing with colours on the festival of "Holi" with his friends. He further reported that motorcycle of accused Narender Kumar struck with master Rakesh, as a result of which, he sustained injuries. He further stated that accused applied the brakes but motorcycle came to halt at some distance. He also reported to the police that accused along with pillion rider also fell from the vehicle, as a result of which, master Rakesh and the pillion rider also sustained grievous injuries on their person and were taken to Zonal Hospital Kullu, for treatment. He specifically reported that accident took place due to rash and negligent driving of the petitioner accused-Narender. On the basis of aforesaid statement having been made by Chaudhary Ram under Section 154 of the Cr.PC, police sent ruqa to the Police Station Kullu for registration of case i.e. Ext.PW5/A and on the basis of same, FIR Ext.PW5/B came to be registered against the accused. I.O. after registration of case prepared the site plan Ext.PW5/C and taken into possession motorcycle vide seizure memo Ext.PW1/A. Police also got done medical examination of pillion rider namely Rajinder Kumar, in hospital vide MLC Ext.PA. I.O. moved an application Ext.PW5/F requesting therein medical officer to ascertain whether deceased master Rakesh was fit to make statement but doctor opined that he was not in fit condition to give statement. Vide police docket Ext.PW5/E, the victim Rakesh Kumar was medically examined by the doctor vide MLC Ext.PB. During the investigation, the police obtained mechanical report of the motorcycle Ext.PW2/A. It also emerge from the record that injured was referred to PGI, Chandigarh, where he unfortunately expired on 18.5.2002 at 12.40pm. Police also got post mortem of the dead body of Rakesh conducted at General Hospital Chandigarh and procured postmortem report Ext.PC. Since it had emerged in the investigation that accident had occurred on account of rash and negligent driving of the motorcycle by the present petitioner, police after completion of investigation, presented the challan under Sections 279, 337, 338, 304-A of the IPC and Section 184 of the Motor Vehicles Act, 1988, before the competent court of law.

(3.) Learned Chief Judicial Magistrate, Lahaul-Spiti at Kullu, HP after satisfying itself that prima facie case exists against the accused put a notice of accusation, to which he pleaded not guilty and claimed trial. Learned trial Court on the basis of evidence adduced on record by the prosecution, found the accused guilty of having committed offence under the aforesaid Sections and convicted and sentenced him as per description already given above.