RAM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Criminal Revision Petition filed under Section 397/401 of the Code of Criminal Procedure, is directed against the judgment dated 14.12.2007, passed by learned Sessions Judge, Solan, H.P. in Criminal Appeal No. 3-NL/10 of 2007, affirming the judgment dated 27.6.2007, passed by learned Judicial Magistrate Ist Class, Nalagarh, District Solan, H.P. in Criminal Case No.95/2 of 2003, whereby the present petitioner (in short "accused") was convicted under Sections 279 and 304-A of IPC and sentenced as under:- <FRM>JUDGEMENT_113_LAWS(HPH)10_2016_1.html</FRM>

(2.) Briefly stated facts, as emerged from the record are that on 5.7.2003, H.C. Harpal Singh, In-charge Check Post, Dherowal, telephonically informed the police of police Station, Nalagarh that truck bearing registration No.HP-12-2055 struck with the bi-cycle and the cyclist has been lifted to Civil Hospital, Nalagarh for treatment in car bearing registration No.DL-3CC- 4936. On the basis of aforesaid telephonic information, Rapat Ex.PW8/A, dated 5.7.2003 was entered at police Station, Nalagarh and HC Sunil Kumar(PW-10) was deputed to investigate the case, who after reaching the spot, took photographs Ex.P1 to Ex.P7, prepared spot map Ex.PW10/A. Investigating Officer also took into possession the truck alongwith its documents vide memo Ex.PW1/B and got the truck mechanically examined and obtained mechanical report Ex.PW5/A. He also prepared the inquest report Ex.PW10/C and got the postmortem done on the dead body of the deceased and obtained the postmortem report Ex.PW7/A. Police after completion of the investigation, came to the conclusion that accused was driving the truck rashly and negligently in high speed and caused death of deceased Nazir Hussain and accordingly presented the challan in the competent Court of law.

(3.) Learned trial Court after satisfying itself that a prima-facie case exists against the accused, framed charges under Sections 279, 304-A of IPC against the accused, to which accused pleaded not guilty and claimed trial.