JAGDEV CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Criminal Revision Petition is directed against the judgment dated 15.1.2008, passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. in Criminal Appeal No. 37/10 of 2006, affirming the judgment of conviction and order of sentence dated 20.9.2006, passed by learned Additional Chief Judicial Magistrate Ghumarwin, District Bilaspur, HP; in Criminal case No.253/1 of 1998, whereby present petitioner has been held guilty of having committed the offence under Sections 279,337, 338 of Indian Penal Code and under Section 181 of Motor Vehicles Act and has been further sentenced to undergo simple imprisonment for three months and to pay fine of Rs. 500/-, and in default to undergo simple imprisonment for one month for the commission of offence punishable under Section 279 IPC. The accused has been further sentenced to undergo simple imprisonment for one month and to pay fine of Rs. 500/- and in default to undergo simple imprisonment for one for the commission of offence punishable under Section 337 of IPC. The accused is further sentenced to undergo simple imprisonment for two months and to pay fine of Rs. 1000/- and in default to undergo simple imprisonment for one month for the commission of offence punishable under Section 338 of IPC. The accused is further sentenced to undergo simple imprisonment till raising of the Court and to pay fine of Rs. 500/- and in default of payment of fine, accused shall further undergo simple imprisonment for 15 days for the commission of the offence punishable under Section 181 of the Motor Vehicles Act. All the substantive sentences of imprisonment have been ordered to run concurrently.

(2.) Briefly stated facts, as emerge from the record are that PW-9, Rajesh Kumar sent ruqua Ex.PW9/A, to Police Station, Ghumarwin on 17.7.1998, at about 8.40 PM alleging therein that he alongwith constable Anil Kumar No.352(PW-7) was coming on motorcycle No.HP-24-1710 after conducting investigation in case No.69/98 from Bhager and when they reached at 7:45 PM near Hanuman Temple at Kullaru, a truck bearing registration No.HP-11-1639 came from Ghumarwin side with fast speed, as result of which, motorcycle was slowed down on its left side where a pedestrian was also going. But the truck driver failed to control the truck and he finding it coming on them jumped from the motorcycle, and truck collided with the motorcycle, as a result of which, Anil Kumar with motorcycle fell in the drain and the pedestrian was also involved in the accident. The accident occurred due to rash and negligent driving of truck No. HP-11- 1639 by its driver i.e Jagdev Chand. On the basis of Ex.PW9/A, FIR Ex.PW9/B came to be registered at the police Station. PW-8, Nazir Khan conducted investigation. During investigation, he also got photographs of the spot clicked which are Ex.PW4/A to Ex.PW4/D and negatives being Ex.PW4/E to Ex.PW4/H. The mechanical examination of truck No.HP-11-1639 was also got conducted from mechanic Jagdish vide report Ex.PW8/A and similarly the mechanical examination of motorcycle No.HP-24-1710 was got conducted by PW-9, Rajesh Kumar vide mechanical examination report Ex.PW9/D. PW-9, also prepared site plan Ex.PW9/C and the truck in question was seized by police vide memo Ex.PW1/A in presence of Karam Chand and Piar Singh witnesses. PW-6, Hem Raj was also got medically examined vide MLC Ex.PW11/A and PW-7, Anil Kumar injured was also medically examined vide MLC Ex.PW11/B and X-rayed vide form Ex.PW3/A.The x-ray films being Ex.PA to EX.PC and report in respect thereof being Ex.PW3/B are on record. It also emerge from the record that PW-7, Anil Kumar was subsequently treated at IGMC Shimla. Police on the basis of the material collected on record came to the conclusion that a prima-facie case exists against the accused, accordingly, presented the challan in the Court of law.

(3.) Learned trial Court after satisfying itself that a prima facie case exists against the accused, framed the notice of accusation under Sections 279, 337, 338 of Indian Penal Code and under Section 181 of the Motor Vehicles Act against the accused, to which accused pleaded not guilty and claimed trial.