VINOD KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 19/5/2015, passed by learned Sessions Judge Kinnaur, Sessions Division at Rampur Bushahr, District Shimla (learned Appellate Court) vide which the judgment of conviction and order of sentence dtd. 11/8/2008, passed by learned Chief Judicial Magistrate, District Kinnaur Camp at Rampur Bushahr, District Shimla (learned Trial Court) were upheld. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present revision are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Ss. 279, 337 and 304-A of the Indian Penal Code (IPC). It was asserted that Rumal Singh (PW- 2), Yash Pal (PW8A), Ramesh Chand, Bahadur Singh, Shyam Lal and Puran Chand were travelling in the vehicle bearing registration No. HP-01A-3643 on 17 th/18/12/2005. The accused Vinod Kumar was driving the vehicle. The vehicle reached Shaloon Kainchi at 12:00 midnight. The accused could not control his vehicle. The vehicle fell off the road into a gorge. The informant, Rumal Singh, reached Neri after the accident and informed Tikkam Bushahri (PW-3), Panchayat Pradhan, about the accident. The villagers took the informant to the hospital for treatment. Ramesh, Bahadur Singh and Shyam Lal died, and Puran Chand, Yash Pal and the informant sustained injuries in the accident. The accident occurred due to the accused's negligence. Intimation was given to the Police, and ASI Hari Bhagat (PW-10) recorded the informant's statement (Ex. PW2/A) and sent it to the police station, where FIR (Ex.PW-10/A) was registered. ASI Hari Bhagat prepared the site plan (Ex.PW-10/C) depicting the spot position. He seized the vehicle bearing registration No. HP-01A-3643 vide memo (Ex.PW-1/A). Raj Kumar produced the documents of the vehicle, which were seized vide memo (Ex.PW-10/D). Hari Bhagat filed an application (Ex.PW-10/E) for the medical examination of the injured. Dr Rajan Uppal (PW-5) examined Rumal Singh, Puran Chand and Vinod Kumar and found that they had sustained injuries that were possible in a roadside accident. He issued the MLCs (Ex.PW-5/A to Ex. PW-5/C). ASI Hari Bhagat conducted the inquest on the dead bodies and prepared the reports (Ex.PA-4 to Ex.PA-6). He obtained the autopsy reports (Ex.PA-7 to Ex. PA-9). HC Gian Chand (PW-6) mechanically examined the vehicle and found that there was no defect in the vehicle that could have led to the accident. He issued the report (Ex.PW-6/A). ASI Hari Bhagat recorded the statements of the witnesses as per their version. The challan was prepared and presented before the Court after the completion of the investigation.

(3.) Learned trial Court found sufficient reasons to summon the accused. When the accused appeared before the Court, a notice of accusation was put to him for the commission of offences punishable under Ss. 279, 337 and 304-A of the IPC, to which he pleaded not guilty and claimed to be tried.