VINOD KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present criminal revision petition, the petitioner has challenged the judgment of conviction dated 23.5.2008 passed by the learned Additional Sessions Judge, Mandi in Criminal Appeal No. 12 of 2004, whereby he has affirmed the judgment dated 1.3.2002 passed by the learned Chief Judicial Magistrate Mandi in police challan No. 531 -I/1998. The present petitioner Vinod Kumar (hereinafter referred to as accused) was convicted under Sections 279, 337 and 338 IPC and Section 185 of Motor Vehicles Act.

(2.) Briefly stated facts of the case are that on 1.3.1998, during Shivratri Festival, a cultural program was organized at Seri Manch, Mandi by the District Administration. On the same day, at around 11:00 P.M., accused Vinod Kumar while driving Maruti Car No. HP - 33 -2033 came from Chauhta Bazar Mandi towards Gandhi Chowk in a very rash and negligent manner. It is further case of the prosecution that while driving, he was drunk. As per prosecution story, a speeding car being driven by the accused firstly hit PW -10 Smt Pushaplata at Gandhi Chowk and then the car struck against PW -4 Shri Ram Singh, who fell down the road. It is also case of the prosecution that after the aforesaid incident, car struck against the parked scooter (LML Vespa) and lastly, after hitting/breaking railing of the road vehicle stopped on the retaining wall with its two tyres hanging in the air. In this incident, Smt. Pushaplata and Shri Ram Singh sustained injuries and one parked Scooter got also damaged.

(3.) As per story of the prosecution, the incident in question took place due to rash and negligent driving of the accused who was under the influence of liquor while driving the aforesaid car. It has also come on record that the Head Constable PW -15 H.C. Gandhi Ram who was discharging his duties during the cultural program organized on the eve of Shivratri Festival, had actually recorded the statements. It is also the case of the prosecution that on 1.3.1998 HC Gandhi Ram recorded the statement of Constable PW -1Shri Joginder Pal, under Section 154 Cr.PC. Shri Joginder Pal stated that he was posted as Gunman in the office of Divisional Commissioner Mandi. He stated in his statement that he had come to see the cultural program in Seri Manch, Mandi and when around 11:00 PM went for urination, one Maruti car bearing No. HP -33 -2033 came at a very fast speed from the side of Chauhta Bazar Mandi towards Gandhi Chowk and hit a lady, who fell down on the road and from there, the driver of the aforementioned car drove car towards other side of the road and struck with a person and parked scooter near the pole of the electricity transformer. He further stated that after breaking the railings of the road, the vehicle stopped and its two front wheels were hanging in air while other two tyres remained on the road. On the basis of the statement of PW -1 Joginder Pal, FIR was registered against the accused at Police Station Sadar, Mand, and the matter was investigated by PW -15 HC Gandhi Ram. On completion of investigation SHO Police Station Sadar filed Challan under Section 279, 377 and 330 IPC and Section 185 of MV Act in the court of learned Judicial Magistrate Mandi for trial.