STATE OF HIMACHAL PRADESH Vs. DHAN PRAKASH

JUDGEMENT

(1.) By way of this appeal, State has challenged judgment, dated 11.03.2008, passed by the Court of learned Sessions Judge, Shimla in Criminal Appeal No. 48S/10 of 2007, vide which, learned Appellate Court, while allowing the appeal so filed by the present respondent, set aside the judgment dated 22.09.2007, passed by the learned Trial Court in Case No. 701 of 2005, whereby learned Trial Court had convicted the present respondent for commission of offences punishable under Sections 279,337,338 and 304A of the Indian Penal Code and sentenced him to undergo the following imprisonments: Therefore, while concurring with the findings returned by the learned Appellate Court that on the basis of evidence on record, it could not be said that the prosecution had proved the case against the accused/respondent beyond reasonable doubt, this Court dismisses this appeal being devoid of any merit.

(2.) The case of the prosecution was that on 14.11.2004 at around 12:05 pm., Medical Officer, Community Health Centre, Kotkhai, telephonically informed that four persons had been admitted, who had sustained injuries in an accident. On the basis of the said information, Rapat Ex. PW10/A was recorded. ASI Sukhdev Raj alongwith other police officers went to Community Health Centre, Kotkhai and there they recorded the statement of one Shri Udesh Chauhan under Sec. 154 of the Code of Criminal Procedure, on the basis of which, FIR Ex. PW10/B was registered against the accused. As per the complainant, on 14.11.2004, while he was proceedings in his vehicle bearing registration No. HP01A329 to his village Sheelghat at around 11:30 a.m., when his vehicle reached at place known as "Badvi Dhank" near Salyana, a Bolaro Camper bearing registration No. HP630137 coming from Rohru side collided with his vehicle, as a result of which, the vehicle of the complainant went off the road. The complainant was in the car alongwith his wife and children and the car went off the road alongwith all its occupants, as a result of which, the occupants sustained simple and grievous injuries. Pursuant to the lodging of the FIR, investigation was carried out, spot map was prepared, the offending vehicle was taken into consideration and the statements of the witnesses were recorded. Master Lakshay Kumar, who was injured in the course of the accident, died later on. His age was 5 years. Mechanical report of both the vehicles was obtained. Photographs of the spot were taken and the statements of the witnesses were recorded under Sec. 161 of the Code of Criminal Procedure.

(3.) After completion of investigation, challan was filed and as a prima facie case was found against the accused, accordingly, Notice of Accusation was put to the accused under Sections 279,337,338 and 304 A of the Indian Penal Code, to which he pleaded not guilty and claimed trial.