GURU DEV Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 29/2/2026, passed by learned Sessions Judge, Mandi, District Mandi, HP (learned Appellate Court), vide which the judgment of conviction dtd. 6/12/2014 and order of sentence dtd. 8/12/2014, passed by learned Chief Judicial Magistrate, Mandi, District Mandi, HP, were upheld. (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 petition are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Ss. 279, 337 and 304A of the Indian Penal Code (IPC). It was asserted that Suman Kumar (PW8) was going towards Beat No. 2 on 13/6/2010, at about 9.20 AM. A truck bearing registration No. HP-72-1603 came from Mandi at a high speed and hit the motorcycle bearing registration No. HP-31A-2360, which was moving ahead of the truck. The motorcycle was dragged for a distance of 80 mtrs. The driver stopped the truck at some distance and ran away from the spot. The accident occurred due to the high speed and negligence of the truck driver. An intimation was given to the police. An entry No. 13A was recorded in the Police Station. HC Jagdish Chand (PW3), HHC Milkhi Ram (PW5) and ASI Satish (PW4) were sent for verification. ASI Satish Kumar (PW4) recorded the statement of Suman Kumar (Ex.PW4/A) and sent it to the Police Station, where FIR (Ex.PW4/B) was registered. He took the photographs (Ex. P1 to Ex. P6) and prepared the site plan (Ex. PW4/C). Bharti Sharma, the pillion rider, had died in the accident. ASI Satish Kumar conducted the inquest on her dead body and prepared the report (Ex.PW4/D). Dr Nag Raj (PW6) conducted her postmortem examination and found that the cause of death was a burst abdomen and crush injuries to the gut and spleen, leading to multiple lacerations to these organs. He issued a report (Ex.PW6/A). The truck bearing registration No. HP-72-1603 and motorcycle bearing registration No. HP- 31A-2360 were seized vide memos (Ex.PW3/A and Ex.PW1/A). HC Devkinandan (PW2) conducted the mechanical examination of the vehicles and found that there was no defect in them that could have led to the accident. He issued a report (Ex.PW2/A). Statements of witnesses were recorded as per their version, and after the completion of the investigation, a challan was prepared and presented before the learned Trial Court.

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