STATE OF H P Vs. GURCHARAN SINGH

JUDGEMENT

(1.) The State, aggrieved by the judgment dated 7.12.2007 passed by learned Judicial Magistrate 1st Class, Court No.4, Mandi, District Mandi, H.P in Police Challan No. 8/II/04/01, whereby Gurcharan Singh, respondent herein (hereinafter referred to as the 'accused') has been acquitted of the charge under Sections 279, 337, 338 Penal Code and Sec. 187 of the Motor Vehicles Act, has questioned the legality and validity thereof on the grounds inter-alia that learned trial Court has failed to appreciate the evidence available on record in its right perspective and rather in a slip-shod and perfunctory manner and the findings to the contrary have been recorded on the basis of conjectures and surmises. The reasonings given to discredit the prosecution evidence are manifestly wrong and cogent and reliable evidence as has come on record by way of testimony of PW-1 Ludarmani, PW-2 Bhagat Singh and PW-6 Parvinder Kumar, the eye witnesses to the accident has not been appreciated properly. All of them have stated that the accident had occurred due to rash and negligent driving attributed to the accused. The statement of PW-5 Jagdish Rana, the proprietor of Rana Service Station is also stated to be erroneously mis-construed and misinterpreted. On the other hand, undue weightage was given to the testimony of PW-10 in his cross-examination that brake pressure was nil and further admission that in a case of pressure brake reduced to nil, brake system does not work. The mechanical report rather show that there was no mechanical defect in the offending vehicle (tanker) and as such, the cause of death was rash and negligent driving, however, such evidence is sated to be not taken into consideration at all.

(2.) Now if coming to the factual matrix, admittedly, on 23.06.2001 around 5.15 p.m. accused Gurcharan Singh was driving the offending tanker bearing registration No. HR-37-7947 from Mandi side to Dadour under Police Station, Balh, District Mandi (H.P.). The tanker was being driven by him in a rash and negligent manner and as a result thereof, the same firstly hit motorcycle No. HP-58-0551, parked on road side and PW-2 Bhagat Singh sitting thereon and thereafter truck No. HP-33-3686, also lying parked on road side in a court-yard. The accident was witnessed by PW-1 Ludarmani, running a 'Dhaba' nearby, PW-3 Parvinder Kumar and also PW-5 Jagdish, the proprietor of Rana Service Station. In this accident, PW-2 Bhagat Singh had received simple as well as grievous injuries on his person. The accused after the accident had fled away from the spot. The injured PW-2 was taken to Community Health Centre, Ratti for his treatment. He was attended to by PW-7 Dr. R.N. Jaryal, Medical Officer on duty in the hospital vide MLC Ext. PW-7/A.

(3.) The investigating agency on the basis of evidence collected and on finding the involvement of the accused in the commission of the offence punishable under Sec. 279, 337, 338 Penal Code and 187 of the Motor Vehicles Act has field report under Sec. 173 of the Code of Criminal Procedure against him in the trial Court. Learned trial Judge on appreciation of the report and also the documents annexed thereto had put notice of accusation to the accused accordingly to which he pleaded not guilty and claimed trial. The prosecution, in turn, has examined 13 witnesses in all to substantiate its case against the accused.