YASH PAL RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Complainant HHC Ved Parkash (PW-1) in his statement recorded under Section 154 of the Code of Criminal Procedure (for short 'Cr.PC') Ext.PW1/A, on the basis of which formal FIR Ext.PW-9/A came to be registered against the petitioner-accused (hereinafter referred to as the 'accused'), alleged that on the intervening night of 28th February, 2008 and 1st March, 2008, he was on night patrolling duty along HHC Sant Ram at place called Shamsherpur/Heerpur and at about 3.30 a.m., a vehicle bearing No.HP-17A-0092 coming from Paonta Sahib in high speed turned turtle and further struck against the building of Pawar Clinic on account of rash and negligent driving of accused. The above named complainant alleged that all the occupants in the vehicle, i.e., Whether reporters of the Local papers are allowed to see the judgment?

(2.) Prosecution, with a view to prove its case, examined as many as 9 prosecution witnesses, whereas the accused in his statement recorded under Section 313, Cr.PC denied the case of prosecution in toto and claimed that he has been falsely implicated. Accused also examined one witness namely Vijay Kumar as DW-1 in his defence.

(3.) Learned trial Court on the basis of evidence adduced on record by the respective parties held the accused guilty of having committed offences punishable under Sections 279, 337 and 304-A, IPC and accordingly convicted and sentenced him as under:-