PREM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this revision petition, the petitioner has challenged the judgment passed by the Court of learned Additional Sessions Judge, Fast Track Court, Kullu in Cr. Appeal No. 30/07, dated 19.03.2008, vide which learned appellate Court while dismissing the appeal so filed by the present petitioner, has upheld the judgment passed by the Court of learned Judicial Magistrate, 1st Class, Manali in Criminal Case No. 77-1/07-26-11/07, dated 12.12.2007, whereby learned trial Court while convicting the present petitioner for commission of offence punishable under Sections 279, 337 and 338 of the Indian Penal Code, sentenced him to undergo simple imprisonment for a period of three months and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month under Section 279 of the Indian Penal Code, to undergo simple imprisonment for a period of three months and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo simple imprisonment for a period of one month under Section 337 of the Indian Penal Code and to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month under Section 338 of the Indian Penal Code. Sentences so imposed were ordered to run concurrently by the learned trial Court.

(2.) The case of the prosecution was that on 01.11.2006, complainant Jai Chand alongwith his brother-in-law Uggar Sen were going towards Manali and when they were standing at a place known as 15 Mile on the side of the road, while waiting for a bus for Manali at 1:30 p.m., a Mahindra jeep bearing registration No. HP-34B-0745 came from the side of Manali, which was being driven in high speed and bumper of the said jeep hit the complainant, as a result of which, complainant Jai Chand fell on the ground. The driver of the jeep stopped the same at some distance from the spot of occurrence of the accident and after glancing at the complainant, he fled away towards Kullu alongwith the jeep. The complainant sustained injuries on both his legs on account of the jeep so striking against him. At the relevant time, complainant was not aware about name of the driver of the jeep. Thereafter, the complainant was brought to Kullu Valley Hospital by his brother-inlaw for the purpose of treatment. As per the prosecution, the accident took place due to high speed, rash and negligent driving of jeep by its driver, i.e. the present petitioner/accused.

(3.) On 02.11.2006 at around 11:30 a.m., information was received at Police Station, Kullu qua the said road accident, on the basis which, rapat No. 33 was registered and HC Upender Singh and Constable Teja Singh were sent to Kullu Valley Hospital. These police officials after reaching the hospital, recorded statement of the complainant under Section 154 of the Code of Criminal Procedure.