SURESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Convict Suresh Kumar has filed this petition with a prayer to quash and set aside the judgment dated 15.10.2009 passed by learned Session Judge, Hamirpur in Criminal Appeal No. 58 of 2009, whereby learned lower appellate Court has affirmed the judgment passed by learned Chief Judicial Magistrate, Hamirpur in Criminal Case No. 229-I of 07/50-II/2008 and dismissed the appeal.

(2.) As a matter of fact, the petitioner (hereinafter referred to as the 'convict') has been convicted by learned trial Court for the commission of an offence punishable under Section 279 and 337 of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of three months and '1000/- as fine under Section 279 IPC, whereas, to undergo simple imprisonment for a period three months and '500/- as fine under Section 337 IPC. Learned lower appellate Court has concurred with the findings recorded by learned trial Court and maintained the findings of conviction and sentence recorded against the petitioner-convict.

(3.) It is seen that accident of HRTC bus No. HP-38 7618 enroute Deotsidh to Hamirpur had taken place near Jagtamba Udyog at Kehdru District Hamirpur with maruti car No. HP 55-4095 on 15.10.2007 at 4.30 p.m. Petitionerconvict was on the wheel of the offending car. After the accident, he fell unconscious. Another occupant of the car also received injuries on his person. The driver of the offending bus Tilak Raj (PW-2) had shifted the petitionerconvict to Bhota hospital and later on to the hospital at Hamirpur. The police came to the hospital, where statement of PW-2 was recorded under Section 154 Cr.P.C Ext. PW-2/A. On the basis of the same FIR came to be registered. During the course of investigation conducted by the police spot map Ext. PW-11/B was prepared. The place of accident was got photographed vide photographs Ext. P-1 to Ext. P-8. Both the vehicles were taken into possession along with the documents. The MLC Ext. PW-8/B of the convict-petitioner that of Sunil Kumar, occupant of offending car Ext. PW-8/A were obtained. The mechanical examination of the bus vide report Ext. PW-9/A and that of the car vide Ext. PW-9/B was got conducted from HHC Ramesh Chand (PW-9) M.T.O Police Line, Hamirpur. PW-5 Bishan Dass and PW-7 Smt. Sandhya Devi were associated as eye witnesses to the accident. Besides the complainant, PW-2, conductor of the offending bus and Kirpal Singh (PW-4) were also associated to substantiate the prosecution case. The remaining witnesses, however, are formal as they were associated during the course of the investigation to prove link evidence. On the completion of the investigation, challan was filed against the petitioner-convict.