GOPAL KRISHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way this revision petition, accused/petitioner has challenged the judgment passed by the Court of learned Additional Sessions Judge, Mandi, in Criminal Appeal No. 27 of 2008, dated 12.01.2011, vide which learned Appellate Court, while dismissing the appeal so filed by the present petitioner, upheld the judgment of conviction and sentence imposed upon the present petitioner by the Court of learned Judicial Magistrate 1st Class, Court No. 2, Sunder Nagar, District Mandi, in Police Challan No. 388-I/06/374-II/06, dated 16.05.2008, whereby learned trial Court had convicted the present petitioner for commission of offences punishable under Sections 279, 337 and 338 of Indian Penal Code (hereinafter referred to as 'IPC' ) and Sec. 187 of the Motor Vehicle Act (hereinafter referred to as 'M.V. Act') and sentenced him as under : <FRM>JUDGEMENT_75_LAWS(HPH)12_2016_1.html</FRM> In case of default of payment of fine, accused/petitioner was ordered to undergo simple imprisonment for one month each under Sections 279, 337 and 338 of Penal Code and simple imprisonment of 15 days under Sec. 187 of M.V. Act.

(2.) Case of the prosecution was that on 16.01.2009, complainant Uttam Chand made a statement under Sec. 154 of Code of Criminal Procedure (in short 'Cr.P.C.') to the effect that he was a retired employee from Education Department and during the night time, at about 3:30 a.m. his nephew Sunil Kumar telephonically told him that his (Sunil Kumar's) parents, who were going to attend a marriage on their Scooter bearing registration No. "A/F ", had met with an accident with a Maruti Car bearing registration No. HP-01-M- 0103. The offending vehicle was on its way from Sunder Nagar towards Mandi side and Mobile No. 94180-87163 and Land Line No. 271563 were written on the glass of said Maruti Car. The accident took place at around 8:15 p.m. and after hitting the Scooter, Car driver escaped from the scene of occurrence. As per prosecution, on account of said accident, Nikka Ram and his wife Raj Kumari suffered injuries, who were thereafter taken to hospital for treatment. As per complainant, after he received the telephone call, he reached Suket Hospital, Sunder Nagar and talked with his brother Nikka Ram and his wife, who told him that the offending vehicle, which was coming from Sunder Nagar to Mandi side hit their Scooter near J.K. Brick Kiln, Naulakha, as a result of which they sustained injuries. Further as per prosecution, on the basis of said statement of complainant, FIR Ext. PW10/A was lodged. Medical examination of the victims was conducted at Suket hospital by Dr. Ravi Kumar who opined that injuries No. 1, 2 and 5 were simple in nature and injuries No. 3 and 4 were grievous in nature on the person of Nikka Ram and all the injuries on the person of Raj Kumari were found simple in nature. During the course of investigation, Investigating Officer prepared spot map and also recorded the statements of witnesses under 161 of Cr.P.C.

(3.) After completion of investigation, challan was filed in the Court and as a prima facie case was found against the accused, notice of accusation was put to him for commission of offences punishable under Sections 279, 337 and 338 of Penal Code and Sec. 187 of M.V. Act, to which he pleaded not guilty and claimed trial.