STATE OF HIMACHAL PRADESH Vs. SANJAY DAHIYA

JUDGEMENT

(1.) Instant Criminal Appeal is directed against the judgment of acquittal dated 23.4.2010, passed by learned Sessions Judge, Kullu, District Kullu, H.P., in Criminal Appeal No. 4 of 2008, whereby the judgment of conviction and sentence, dated 24.3.2008/27.3.2008, passed by the learned Judicial Magistrate 1st Class, Manali, District Kullu, H.P., in Criminal case No.102-I/2007 & 36-II/2007, has been set-aside.

(2.) Facts, as emerge from the record are that on 17.02007, at about 10:30 PM, a telephonic message was received at police Station, Manali that a Maruti car bearing registration No.DL-1CC-6169 met with an accident at a place called Ranghri and two persons, in an injured conditions, were trapped in the same. On the basis of aforesaid information, ASI Lal Chand (PW-7) , alongwith other police Officials, reached at the spot and pulled out two persons lying trapped in the vehicle, whereafter they were taken to Mission Hospital, Manali. According to prosecution story, the police lateron came to know that accused Sanjay Dahiya was driving the car, whereas another occupant namely Bhopinder Singh was second person sitting in the vehicle. Since, it was raining on 17th February, 2007, spot was inspected by the police on the next day i.e.18th February, 2007. During spot inspection, police found that there were 30 feet long skid marks of the vehicle at the spot. During investigation, police arrived at a conclusion that alleged accident occurred due to rash and negligent driving by the accused, who at that relevant time was driving the vehicle under the influence of liquor. On the basis of aforesaid investigation, formal FIR Ex. PW1/B came to be registered against the accused. After completion of the investigation, police presented the challan in the competent court of law i.e. Judicial Magistrate 1st class, Manali, District Kullu, Himachal Pradesh.

(3.) The learned trial Court after satisfying itself that a prima-facie case exists against the accused, put notice of accusation to him under Sections 279, 338 and 304-A of IPC and Section 185 of the Motor Vehicles Act, to which he pleaded not guilty and claimed trial. It may be noticed that another occupant of the vehicle namely Sh. Bhopinder Singh, who remained admitted in Mission Hospital, Manali, succumbed to his injuries after three days of the unfortunate accident and as such, Section 304-A of IPC came to be inserted in the FIR, mentioned hereinabove.