TEK CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Criminal Revision Petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, is directed against the judgment dated 10.7.2008, passed by learned Sessions Judge, Hamirpur, District Hamirpur, H.P. in Criminal Appeal No.27 of 2007, affirming the judgment/order dated 19.5.2007/ 29.5.2007, passed by learned Additional Chief Judicial Magistrate Hamirpur, District Hamirpur, H.P., in Police Challan No.19-I-2003/16-II-2007, whereby the learned trial Court while holding petitioner-accused guilty of having committed the offence punishable under Sections 279,337,338 and 304-A of IPC, convicted and sentenced him as under:-

(2.) Briefly stated facts, as emerged from the record are that on 11.8.2002, police after having received telephonic message, lodged rapat No.35, dated 11.8.2012 in police station, Hamripur. As per statement of the complainant recorded by the police, that he along with his father Rikhi Ram and Uttam Chand were loading woods/logs in their tractor on the road side at place near Ukhli. In the meantime, one truck bearing registration No.HP-21-0395 came in a high speed and dashed against their tractor, as a result of which, Amit Kumar got pressed with the wall. As per story of the prosecution, the injured was extracted after reversing the truck, but he had sustained injuries on his chest and other parts of his body i.e. his arms and legs. In the aforesaid accident, father of the Amit Kumar also sustained injuries on his neck, arm, head and other parts of the body. Since, Uttam Chand was standing on the side of the tractor, he sustained no injuries. It may be noticed that in the aforesaid unfortunate accident, Sh.Amit Kumar, who was sandwiched between the wall and truck lost his life. Police after completion of investigation, presented the challan in the competent Court of law.

(3.) Learned trial Court after satisfying itself that a prima-facie case exists against the accused, framed charges under Sections 279, 337, 338 and 304-A of IPC against the accused, to which he pleaded not guilty and claimed trial.