DEV RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Cr. Revision petition filed under Sec. 397 read with Sec. 401 Crimial P.C. is directed against judgment dated 9.7.2008, passed by learned Sessions Judge, Hamirpur, H.P. in Criminal Appeal No. 43 of 2007, affirming judgment of conviction and sentence dated 14.8.2007, passed by Additional Chief Judicial Magistrate, Hamirpur, District Hamirpur, Himachal Pradesh in Police Challan No. 38-I-2004 RBT No. 61-II/2007, whereby court below, while holding petitioner-accused (hereinafter, 'accused') guilty of having committed offences punishable under Sections 279, 337, 338 and 304A Penal Code and Sec. 184 of the Motor Vehicles Act, convicted and sentenced him to pay fine of Rs. 1000.00 for the offence punishable under Sec. 279 IPC; pay fine of Rs. 1,000.00 for the commission of offence punishable under Sec. 337 IPC; undergo simple imprisonment for a period of six months for the commission of offence punishable under Sec. 338 Penal Code and simple imprisonment for a period of two years for the commission of offence punishable under Sec. 304A IPC; and further to pay a fine of Rs. 500.00 for the commission of offence under Sec. 184 of the Motor Vehicles Act and in default of payment of fine, accused has been directed to further undergo simple imprisonment for a period of six months.

(2.) Facts, as emerge from the record are that PW-8 Ami Chand got his statement recorded under Sec. 154 Crimial P.C. i.e. Exhibit PW-14/A dated 1.5.2004, alleging therein that at about 12.30 pm, when he was present outside his shop at Bhalet, a Tempo bearing registration No. PB-10-AW-7872 came in a rash and negligent manner from Sujanpur side and while it reached Bhalet, it hit persons namely Prithi Chand and Vipan Kumar, who at the relevant time were working on cable line on the road side. He further reported to the police that Kushal Kumar and Ajay Kumar were crushed under the Tempo, whereas motorcycle bearing registration No. HP-22-1869 was also crushed by the Tempo, as a consequence of which, person namely Kushal Kumar died on the spot, whereas other three injured persons were shifted to the hospital. Driver of the Tempo fled away from the spot after alleged incident. On the basis of aforesaid statement of PW-8, Ami Chand recorded under Sec. 154 CrPC, a formal FIR exhibit PW-8/A came to be registered against the accused. After completion of investigation, police presented Challan in the competent Court of law, who being satisfied that prima facie case exists against accused, put notice of accusation to the accused for having committed offences punishable under Sections 279, 337, 338 and 304A Penal Code and Sec. 184 of the Motor Vehicles Act, to which accused pleaded not guilty and claimed trial. Learned trial Court subsequently, on the basis of evidence adduced on record by the prosecution held accused guilty of having committed offences punishable under aforesaid provisions of law and convicted and sentenced him as per description given herein above.

(3.) Being aggrieved and dissatisfied with the aforesaid judgment of conviction recorded by the learned trial court, accused preferred an appeal in the court of learned Sessions Judge, Hamirpur, however, the fact remains that the same was dismissed vide judgment dated 9.7.2008, as a consequence of which, judgment of conviction recorded by the learned Additional Chief Judicial Magistrate Hamirpur came to be upheld. In the aforesaid background, accused approached this Court in the instant proceedings, praying therein for his acquittal after setting aside impugned judgments of conviction passed by learned Courts below.