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2016 DIGILAW 1334 (HP)

State of H. P. v. Chaman Lal

2016-07-11

SURESHWAR THAKUR

body2016
JUDGMENT : Sureshwar Thakur, J. The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 31.12.2007 by the learned Judicial Magistrate, Ist Class (4) Shimla, District Shimla H.P In Criminal Case No. RBT 90-2 of 05/04, whereby the learned trial Court acquitted the respondent (for short =accused') for the offences punishable under Sections 279, 337 and 304-A of the Indian Penal Code. 2. The brief facts of the case are that on 3.1.2003 at about 11.30 a.m. a telephonic information was received at Police Station, Dhalli from Police Assistance Room Mall Road Shimla that one car went out of the road near Kufri on IHM NH-22. On this information, inspector/SHO alongwith police party went to the spot. Rapt No. 18 of 3.1.2003 (Ex. PW-8/A) was registered in this regard. On inspecting the spot it was found that a Maruti car bearing registration No. HP- 62-0505 was going to Theog in which four persons namely Gopal Krishan Sharma, Thakur Singh Balyani, Prem Chand Prashar and Bali Ram were traveling. When the said car reached near IHM NH-22 at about 10.30 /11 a.m., a private bus bearing registration No. HP-15-3745 came from Kufri which was on its route from Bhawanagar to Nalagarh in high speed and struck it against the Maruti Car. As a result of which the car fell in the Dhank about 300 meter below. It has also come to the knowledge of the police party that the bus was being driven by the accused in a rash and negligent manner. In the accident aforesaid Gopal Krishan sustained injuries on his person and other passengers namely Bali Ram, Prem Chand Prashahr and Thakur Singh Balyani died on the spot. Rukka Ex.PW-10/A was prepared, on the basis of which formal FIR Ex. PW-8/B was registered. Spot Map Ex.PW-10/E was prepared. The scattered remains of the Maruti car were taken into possession vide seizure memo Ex.PW-5/A. One cheque book, FDR, receipt book and cash book were taken into possession from the spot and handed over on supardari to Sudhir Kumar Chawla vide memo Ex.PW-3/A. On 17.1.2003, Hoshiar Singh presented to the police R/C, insurance of car, D/L of deceased T.S Balyani vide memo Ex.PW-3/B. Accidental bus No. HP-15- 3745 alongwith permit and insurance was taken into possession vide memo Ex.PW-5/C. The bus and Maruti car was mechanically examined. MLC of Gopal Sharma Ex. MLC of Gopal Sharma Ex. PZAB was obtained. Postmortem examinations of deceased Bali Ram, Prem Chand and T.S Balyani were got conducted. Postmortem reports Ex. PW-7A/A, Ex.,PW-7A/B and PW-7A/C were obtained. Inquest reports are Ex.PW-6/A, PW-6/B and PW-7/B. Statements of the witnesses were recorded. Photographs of the spot and of the dead bodies were got clicked which are Ex. PW- 10/B1 to Ex.PW-10/B3 and Ex.PW-10/C1 to Ex.PW-10/C8. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court. 3. Notice of accusation stood put to the accused by the learned trial Court for his committing offences punishable under Sections 279, 337 and 304-A of I.P.C, to which he pleaded not guilty and claimed trial. 4. In order to prove its case, the prosecution examined 12 witnesses. On closure of prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded in which he pleaded innocence. However, he did not choose to lead evidence in defence. 5. On an appraisal of the evidence on record, the learned trial Court returned findings of acquittal in favour of the accused. 6. The learned Deputy Advocate General has concertedly and vigorously contended qua the findings of acquittal recorded by the learned trial Court standing not based on a proper appreciation of evidence on record, rather, theirs standing sequelled by gross mis-appreciation of material on record. Hence, he contends qua the findings of acquittal being reversed by this Court in the exercise of its appellate jurisdiction and theirs being replaced by findings of conviction. 7. The learned vice Counsel appearing for the respondent/accused has with considerable force and vigor contended qua the findings of acquittal recorded by the learned trial Court standing based on a mature and balanced appreciation of evidence on record and theirs not necessitating interference, rather theirs meriting vindication. 8. This Court with the able assistance of the learned counsel on either side has with studied care and incision, evaluated the entire evidence on record. 9. PW-2, the only eye witness to the occurrence has deposed in proof of the accused while at the site of occurrence driving bus bearing registration No. HP-15-3745 in a rash and negligent manner its colliding it with a car bearing registration No. HP-62-0505 in sequel whereto the latter vehicle rolled into a dhank. 9. PW-2, the only eye witness to the occurrence has deposed in proof of the accused while at the site of occurrence driving bus bearing registration No. HP-15-3745 in a rash and negligent manner its colliding it with a car bearing registration No. HP-62-0505 in sequel whereto the latter vehicle rolled into a dhank. However, the testimony of the aforesaid witness gathers no credibility given his deposing of no snow occurring at the relevant site of occurrence, testification whereof rendered by him stands belied by photographic evidence comprised in Ex.PW-10/B1 to Ex.PW-10/B 3. Also his deposition qua non-occurrence of snow at the site of accident stands belied by the Investigating Officer who deposes of on the relevant date, at the site of occurrence, snow of a depth of one feet occurring thereat. Apart from, the fact of the testimony of PW-2 for the reasons aforesaid standing belied by communications existing in the deposition of PW-10, the prime factum echoed by him of the vehicle driven by the accused at the relevant time occupying the appropriate side of the road also his echoing therein of space yet existing at the relevant site for enabling the movement of the vehicle driven by the complainant, galvanizes no inference than that of the driver of the car aforesaid driving his vehicle on the inappropriate side of the road whereat hence it struck with the bus driven by the accused. Consequently, no negligence can stand imputed to the accused in driving his vehicle. 10. A wholesome analysis of the evidence on record portrays that the appreciation of evidence as done by the learned trial Court does not suffer from any perversity and absurdity nor it can be said that the learned trial Court in recording findings of acquittal has committed any legal misdemeanor, in as much, as, its mis-appreciating the evidence on record or its omitting to appreciate the relevant and admissible evidence. In aftermath this Court does not deem it fit and appropriate that the findings of acquittal recorded by the learned trial Court merit any interference. 11. In view of the above discussion, I find no merit in this appeal, which is accordingly dismissed and the impugned judgment of the learned trial Court is maintained and affirmed. Record of the learned trial Court be sent back forthwith.