VIRENDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant criminal revision petition filed under S. 397 read with S. 401 CrPC, is directed against judgment dated 22.10.2009, passed by the learned Additional Sessions Judge, Solan, District Solan, Himachal Pradesh in Cr. Appeal No. 22-S/10 of 2009, affirming judgment/order of conviction dated 6.6.2009, passed by the learned Chief Judicial Magistrate, Solan, District Solan (HP) in Criminal Case No. 171/2 of 2003, whereby learned trial Court while holding petitioner-accused (hereinafter, 'accused') guilty of having committed offences punishable under Ss. 279 and 337 IPC, convicted and sentenced the accused to undergo simple imprisonment for six months and to pay Rs.500, each and in default of payment of fine, accused has been ordered to further undergo simple imprisonment for a period of one month under both the offences.

(2.) Briefly stated the facts, as emerge from the record, are that PW-1 (Complainant) Dr. U.K. Neogi, got his statement recorded under S. 154 CrPC, on 10.1.2005, alleging therein that on the intervening night of 13th and 14th June 2003, at about 2.30 am, at place "Suki Johari" on National Highway 22, accused was driving Ambassador car bearing registration No. HR-49A(T)-0111, in a rash and negligent manner, so as to endanger human life and personal safety of others, as a consequence of which, he hit his (complainant's) Fiat car bearing registration No. DL-3CQ-1763 being driven by him. On account of aforesaid accident, wife of the complainant Smt. S. Neogi and daughter D. Neogi, who at the relevant time, were traveling alongwith the complainant suffered injuries, whereas, huge damage was caused to his Fiat car. Complainant specifically alleged that the accused was driving his vehicle in a rash and negligent manner at the time of alleged accident. On the basis of aforesaid statement, having been made by the complainant, a formal FIR Ext. PW-4/A dated 12.1.2005 came to be registered against the accused under Ss. 279 and 337 Penal Code at Police Station, Dharampur, District Solan, Himachal Pradesh.

(3.) After completion of investigation, police presented Challan in the competent Court of law i.e. Chief Judicial Magistrate, Solan, District Solan, Himachal Pradesh, who being satisfied that prima facie case exists against the accused, put notice of accusation to accused for having committed offences punishable under Ss. 279 and 337 IPC, to which he pleaded not guilty and claimed trial. Learned trial Court, subsequently, vide judgment/order dated 6.6.2009, held accused guilty of having committed offences punishable under Ss. 279 and 337 Penal Code and accordingly, convicted and sentenced him as per description given herein above. Being aggrieved and dissatisfied with the impugned judgment/order of conviction passed by learned trial Court, accused preferred an appeal under S. 374 CrPC, before the learned Additional Sessions Judge, Solan, who vide judgment dated 22.10.2009, dismissed the appeal and upheld the judgment of conviction passed by trial court. In the aforesaid background, accused has approached this court in the instant proceedings, seeking his acquittal, after setting aside the judgments/order of conviction recorded by learned Courts below.