STATE OF H P Vs. ISHWAR DASS

JUDGEMENT

(1.) The instant appeal stands directed, against, the verdict of acquittal, pronounced by the learned Additional Sessions Judge, Mandi, District Mandi, H.P. in Criminal Appeal No. 13 of 2005, whereunder he reversed the judgment of conviction, and, consequential imposition, of, sentence(s) upon the accused, as, recorded by the learned trial Court, vis-a-vis the offences charged.

(2.) Brief facts of the case are that on 13.5.1998, the Medical Officer, CHC, Ratti, telephonically informed the police at Police Station, Balh, Mandi, about the accident case whereupon Rapat Ext. PW-9/A was incorporated in the daily diary and ASI Sh. Balbir Singh, PW-9 alongwith Constable Diwan Chand, Constable Narpat Ram and Constable Amar Singh rushed to CHC, Ratti wherefrom the Investigating Officer PW-9 sent a ruqua Ext. PW-9/C to the Police Station alleging therein that on spot inspection, it was found that deceased Nihal Singh whose dead body was kept at CHC Ratti had died in an accident. It was found on spot that jeep bearing No. HP37-0787 which was on its way from Ner Chowk to Sundernagar, left its side and went in the wrong side for a distance of 30 feet and struck against Nihal Singh in Kachha portion of the road, as a result of which Nihal Singh sustained injuries on his person and died. The driver left the jeep on the spot and ran away and the front tyre of the jeep were in wrong direction towards "dhank". The accident had taken place due to rash and negligent driving of the driver of the jeep No. HP37-0787. On the basis of Ruqua Ext. PW-9/A, a formal FIR was registered against the accused. The post mortem of the body of the deceased was got conducted by the I.O. PW-9 at Zonal Hospital, Mandi. After post mortem, the Medical Officer PW-6 vide his report Ext. PW-6/A opined that the cause of death of deceased Nihal Singh was haemorrhage and shock resulting from head injury and intrathoracic injury. During investigation, the I.O. PW-9 prepared spot map Ext. PW-9/B and recorded the statements of witnesses. The offending jeep was taken into possession vide seizure memo Ext. PW-5/A. The I.O. PW-9 got mechanically examined the offending jeep and obtained mechanical report Ext. PW-3/A. The I.O. PW-9 also got photographs Ext. PW-4/A to Ext. PW-4/C of the offending jeep and of the spot clicked from PW-4 the negatives whereof are Ext. PW-4/D and Ext. PW-4/E. After completion of investigation, the challan against the accused was prepared and presented before the learned trial Court.

(3.) Notice of accusation stood put to the accused, by the learned trial Court qua his committing offences punishable under Sec. 279, and, under Sec. 304-A, of, the Indian Penal Code, to which he pleaded not guilty and claimed trial.