BALBINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner herein is a convict. He has been convicted by learned Judicial Magistrate 1st Class, Court No.3, Mandi for the commission of offence punishable under Sections 279 and 337 of the Indian Penal Code and sentenced to undergo simple imprisonment for two months and pay Rs. 500/- as fine under Section 279 IPC and to undergo simple imprisonment for two months and pay Rs. 500/- as fine under Section 337 IPC vide judgment dated 2nd March, 2006 passed in Police Challan No. 20-II/2000. In appeal, learned lower appellate Court has affirmed the findings of conviction recorded against the convictpetitioner and dismissed the appeal vide impugned judgment dated 18.01.2007.

(2.) The legality and validity of the impugned judgment has been questioned on the grounds interalia that the manner in which the accident has occurred is not at all proved. There is no evidence to show that the injured witness PW-4 Tara Chand sustained injuries on his person in the accident of the vehicle being driven by the convict-petitioner. There is again no proof qua the vehicle was being driven by him in a rash and negligent manner. Also that, complainant PW-1 Balam Ram and other eye witnesses examined by the prosecution in support of its case have turned hostile. Such evidence as has come on record by way of their testimony could have not been considered nor relied upon to record the findings of conviction. The evidence as has come on record otherwise is stated to be contradictory in nature and full of discrepancies.

(3.) Now if coming to the facts of this case. The convict-petitioner allegedly was driving maruti car bearing registration No. DL-5C-6095 from Kullu side towards Mandi on 12.12.1999 at 12.30 p.m. Complainant PW-1 Balam Ram was standing outside his shop at Takoli at that time. Injured witness PW-4 Tara Chand was going to a Barber shop at Takoli on his bicycle. The convict-petitioner as a result of rash and negligent driving hit the injured Tara Chand in wrong side of the road. Irrespective of applying the brakes, he failed to control the vehicle. The accident was witnessed by Balam Ram aforesaid and PW-2 Hem Raj. PW-3 Girdhari Lal and PW-6 Sangat Ram allegedly also witnessed the accident.