State Of Himachal Pradesh vs Raj Kumar Son Of Shri Rup Lal
2021 Latest Caselaw 3857 HP

           IN THE HIGH COURT OF HIMACHAL
                      PRADESH AT SHIMLA
            ON THE 12TH DAY OF AUGUST, 2021




                                                              .

                               BEFORE
      HON'BLE MR. JUSTICE ANOOP CHITKARA





            CRIMINAL APPEAL NO.238 OF 2010





    Between:-

    STATE OF HIMACHAL PRADESH
                     r     .....APPELLANT

    (BY SH. NAND LAL THAKUR, ADDITIONAL
    ADVOCATE GENERAL,


    WITH SH. KUNAL THAKUR, DEPUTY
    ADVOCATE GENERAL,
    & SH. RAM LAL THAKUR, ASSISTANT




    ADVOCATE GENERAL)





    AND





    RAJ KUMAR SON OF SHRI RUP LAL,
    RESIDENT OF VILLAGE MELA GROUND,
    LUHNU, BILASPUR, P.S. SADAR
    DISTT. BILASPUR, H.P.
                              .....RESPONDENT

    (BY SH. PAWAN K. SHARMA, ADVOCATE,
    LEGAL AID COUNSEL)
    _________________________________________________________________




                                             ::: Downloaded on - 31/01/2022 22:51:56 :::CIS
                                     2


               This appeal coming on for orders this day, the

    Court passed the following:




                                                            .
                         JUDGMENT

FIR 133 dated 19.11.2002 Registered in Police NUMBER Station Aut, District Mandi, H.P. under Sections 279 , 337 and 338 of IPC TRIAL 39-II/04/03 Decided on 27.11.2009 by

COURT JMFC, Court N.3, Mandi, H.P.

CASE NO.

Challenging the acquittal for causing hurt on a

public way by driving in a rash and negligent manner, the

State has come up before this Court.

2. On 19.11.2002, at 5:00 p.m., medical officer of

zonal hospital, Kullu, sent a written communication to the

SHO, Police Station Kullu. He informed the police about

admission of a child, who got injured in an accident. After

that, a police team was sent to the concerned hospital, where

statement of Dabe Ram (PW-1), Ex.PW-2/A, under Section

154 of Cr.P.C. was recorded. The informant stated that on

19.11.2002, at 3.45 p.m., when he was standing near Post

Office at Thalot bazaar, then one Tata Sumo came from the

side of Kullu and was going towards Mandi side. The said

.

Tata Sumo was being driven in a high speed and careless

manner. A child was walking on the road. The vehicle hit the

child and due to which, he fell down and sustained injuries.

After that, he alongwith another person brought the child in

the same Tata Sumo to hospital. Based on this information,

police registered FIR, Ex.PW-7/A, captioned above. The

investigator received medico legal certificate, Ex.PW-4/A,

from the examining doctor. As per MLC, the injuries were

grievous in nature. After completion of the investigation, the

officer-in-charge of the police station launched prosecution

against the accused.

3. Vide order dated 06.10.2004, learned Judicial

Magistrate (JMFC), Mandi, issued notice of accusation for

commission of offences punishable under Sections 279, 337

and 338 of IPC, to which, accused did not plead guilty and

claimed trial.

4. During trial, the prosecution examined

informant, Dabe Ram as PW-2 and Parmanand, the person

.

who was present at the spot and had carried the child in the

Tata Sumo to the hospital, as PW-1. The prosecution also

examined formal witnesses like doctor and investigator and

closed the evidence.

5.

In his statement recorded under Section 313 of

Cr.P.C, the accused admitted that he was driving Tata Sumo

at Thalot at about 3:45 p.m., but denied all other

circumstances. However, he did not lead any evidence in

defense.

6. Vide judgment, captioned above, learned trial

Court dismissed the prosecution case and acquitted the

accused of the offences.

7. Challenging the acquittal of the accused, the State

has come up before this Court by filing the present appeal.

8. I have heard the learned counsel for the parties

and have gone through the record of the case with utmost

care.

ANALYSIS AND REASONS

9. The statement of Dabe Ram, Ex.PW-2/A,

.

recorded under Section 154 of Cr.P.C, explicitly reveals that

the accident took place on Kullu-Mandi National Highway

and at that time, the child was alone and it was he and

another person PW-1, who had brought the injured child to

the hospital. PW-2, Dabe Ram, gave a similar statement on

oath during trial. This aspect is also corroborated by the spot

witness PW-1, Parmanand. It points out towards two material

aspects. Firstly, the child was left alone on the National

Highway and, secondly, that the accused alongwith PW-1

and PW-2, had taken the child to the hospital, which shows

his conduct.

10. PW-2, Dabe Ram, in his cross-examination

explicitly stated that the boy suddenly ran across the road

with a view to cross it and the driver of Tata Sumo applied

brakes and stopped the vehicle. This specific statement

absolves the accused of any rash and negligent act. Thus, the

judgment of acquittal passed by learned trial Court does not

call for any interference by this Court.

.

Given above, there is no merit in the present

appeal and the same is accordingly dismissed.

(Anoop Chitkara), Judge

August, 12, 2021 (R.Atal)