NAND KISHORE Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Criminal Revision Petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, is directed against the judgment dated 7.7.2011, passed by learned Additional Sessions Judge, Mandi, (camp at Karsog) District Mandi, H.P. in Criminal Appeal No.37 of 2010, affirming the judgment dated 16.4.2010, passed by learned Judicial Magistrate Ist Class, Karsog, District Mandi, H.P. in Police Challan No. 158-1 of 2007, whereby the petitioner (in short "accused') was convicted under Sections 279 and 337 of IPC and sentenced as under:-

(2.) Briefly stated facts, as emerged from the record are that complainant Dhani Ram(PW-1) alongwith his brother Bar Chand (PW-3) on 9.4.2007 at about 7:30 PM, was on his way to Mamel Bazar, for purchasing vegetable etc. At the relevant time, accused came on his scooter bearing registration No. HP-24-2453 in a high speed and hit brother of the complainant namely Sh. Bar Chand(PW-3), as a result of which, he fell down on the road and sustained injuries. Thereafter, injured person was taken to hospital by the accused on the same scooter. The accident had taken place due to rash and negligent driving of the accused. Complainant, Dhani Ram (PW-1) reported the matter to the police and accordingly statement of the complainant under Section 154 Cr.P.C was recorded, on the basis of which, FIR Ex.PW8/C was registered at police Station, Karsog. After registration of the FIR, Investigating officer (PW-8), prepared the spot map Ex.PW8/A and recorded the statements of the witnesses under Section 161 Cr.P.C as per their version. During the investigation, investigating officer procured the MLC Ex.PW7/A of the injured. The photographs of the spot Ex.PW8/D to Ex.PW8/H, whose negatives are Ex.PW8/J and Ex.PW8/K, were taken. The mechanical examination of the scooter was also got conducted by Keshav Ram(PW-4), who vide his report Ex.PW4/A, stated that there was no mechanical defect in the vehicle in question. Police after completion of the investigation came to the conclusion that the petitioner-accused is guilty of having committed the offence punishable under Sections 279, 337 of I.P.C and 181 of the Motor Vehicles Act, 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 notice of accusation under Sections 279, 337 of IPC and 181 of the Motor Vehicles Act against the accused, to which accused pleaded not guilty and claimed trial.