STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) Aggrieved by the judgment of acquittal passed by the learned Additional Chief Judicial Magistrate, Hamirpur on 9.7.2007 in Police Challan No. 102-I-2000/40-II-2007, the State has filed the instant appeal.

(2.) Brief facts of the case are that on 9.2.2000, the Medical Officer, Zonal Hospital, Hamirpur reported to the police that some persons were brought to the hospital in an injured condition for their treatment. On this, SI/SHO, Mehar Chand, ASI Swami Ram alongwith C. Ashok Kumar No.231, C. Suresh Kumar, No.182 went to Zonal Hospital, Hamirpur. The police submitted an application for obtaining the opinion of the doctors for recording the statements of injured Abha Devi, Radha Devi and Mangla Ram, but the doctor opined that they were not able to give the statement. Upon this, the complainant Shayama Ram son of Manak Ram got recorded his statement under Section 154 Cr.P.C. wherein he alleged that on 10.2.2000 at about 10.00 p.m. he was sleeping in his hut and in the meantime he heard noise of falling of a truck on the hut of his father Manak Ram. His father, mother Abha Devi, sister Radha Devi, brother Birbal were in the hut and his father was pressed under the truck and died on the spot, whereas his mother and sister sustained injuries. The complainant further alleged that his brother Mangla Ram, who was sleeping in the hut also sustained injuries. The truck was lying on the spot and the dead body of his father was also lying under the truck. The driver of the truck was Ashok Kumar son of Sh. Sher Singh, resident of Dhalaria, who was also pulled out from the truck in an injured condition. The accused/respondent was also taken to the hospital and it was alleged that the accident has taken place due to the rash and negligent driving of the truck driver as he had consumed the alcohol and the smell was emitting from his mouth.

(3.) ASI Swami Ram sent the Rukka to the Police Station and on the basis of which case FIR under Sections 279, 337, 338 and 304 A IPC came to be registered against the respondent. The investigation was handed over to SI Mehar Chand, who visited the spot and prepared the site plan and got recorded the statement of the witnesses. The Investigating Officer has also medically examined the injured and obtained the postmortem reports of Abha Devi, Radha Devi and Manak Ram, who were died and MLC report of Mangla Ram, who had sustained simple and grievous injuries. The I.O. also got the accused medically examined and obtained his MLC report No.255/00 in which the doctor had given opinion that the accused had consumed alcohol for which he was additionally charged for offence punishable under Section 185 of Motor Vehicles Act. The vehicle of the accused alongwith documents was taken into possession and mechanical report qua the same was also obtained. The I.O. had also taken the photographs of the truck and on completion of investigation, presented the challan before the Court.