VIVEK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant revision petition stands preferred hereat by the accused as he stands aggrieved by the concurrently recorded renditions of both the Courts below whereby he stands convicted and consequently sentenced in the manner as encapsulated therein for his committing offences punishable under Sections 279 and 338 of the Indian Penal Code.

(2.) The brief facts of the case are that Sanjeev Kumar and his other friends had come to Manali on a trip and were staying in the house of their another friend Raj Thakur. On 23.6.2010 at about 11 p.m after taking dinner Sanjeev Kumar was going towards his vehicle in order to sleep in it. He was on the side of the road when a car came from Rohtang side and hit him. On account of this collusion his left leg was fractured. He found that the car which had hit him was bearing No.HP-14B-7110 and its driver disclosed his name as Vivek Sharma. The victim was taken to Mission Hospital, Manali for treatment by his friends including Raj Thakur. On intimation of Medical Officer, Mission Hospital, Manali, a police party headed by ASI Daya Ram was dispatched to do the needful. On reaching there he recorded statement of Sanjeev Kumar and on its basis an F.I.R. was registered. During investigation ASI Daya Ram prepared site plan and recorded statements of witnesses and after completing all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) Notice of accusation stood put to the accused by the learned trial Court for his committing offences punishable under Sections 279, 337 and 338 of the Indian Penal Code to which he pleaded not guilty and claimed trial.