STATE OF HIMACHAL PRADESH Vs. BALWINDER SINGH

JUDGEMENT

(1.) Assailing the impugned judgment dated 30.11.2007, passed by the learned Sessions Judge, Una, District Una, (H.P), in Criminal Appeal No.18 of 2005, whereby accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) The key facts, giving rise to the present appeal, as per the prosecution story, are that on 15.1.2000, ASI Avtar Singh (PW-13) alongwith LHC Udham Singh, HHG Kailash Chand and HHG Dharampal was on VIP duty at Mubarakpur Chowk, wherein a private tempo driver gave an information that a police jeep had met with an accident near Thakur Dhaba. On this information, ASI Avtar Singh (PW-13) alongwith LHC Udham Singh went to Primary Health Centre, Amb, where HC Vijay Kumar (PW-1) got his statement under Section 154 of the Code of Criminal Procedure, alleging that on 15.1.2000, he alongwith HC Mehar Singh (PW-2) was going to Police Station, Amb from Bus Stand Amb, they met a Government jeep bearing No.HP-20-0478 coming from the side of Police Station Amb, which was being driven by Constable Harbans Lal (PW-6) and Inspector Kailash Walia (PW-15) sitting on the front seat of jeep. They started towards Bharwain and also went on clearing the traffic obstruction in the way, when they reached near Thakur Dhaba around 12:30 in the noon, Punjab Roadways bus bearing No.PB-06B-3506, on its route from Chintpurni to Batala came from the side of Chintpurni, which was being driven in a rash and negligent manner by the driver on the wrong side of the road. Constable Harbans Lal (PW-6) driver of the jeep had taken the jeep on the 'kacha' road, but driver of the Punjab Roadways bus, in a very rash and negligent manner dragged the jeep about 10 to 12 feet, as a result of which, four of the occupants of the jeep, namely, Harbans Lal, Surinder Kumar, Anita Devi and Mehar Singh, sustained grievous injuries, whereas HC Vijay Kumar and Kailash Chand Walia, sustained simple injuries. The vehicles in question were taken into possession by the police and photographs of the spot were prepared. Police thoroughly investigated the matter and after conclusion of investigation challan was presented in the Court.

(3.) The prosecution, in order to prove its case, examined as many as sixteen witnesses. Statement of the accused was recorded under Section 313 of the Code of Criminal Procedure, wherein he has denied the prosecution case and claimed innocence. No defence evidence was led by the accused.