quicitation>Tarlok Singh Chauhan#10HP500Judgment/OrderMANUTarlok Singh Chauhan,HIMACHAL PRADESH2019-1-216638,16097,16163,16164,16759,16848 -->


True Court CopyTM


Cr. R. No. 54 of 2011

Decided On: 26.12.2018

Appellants: Narain Tiwari Vs. Respondent: State of H.P.

Hon'ble Judges/Coram:
Tarlok Singh Chauhan


Tarlok Singh Chauhan, J.

1. Aggrieved by the judgment of conviction and sentence passed by the learned Judicial Magistrate and as affirmed by the learned Sessions Judge, the petitioner has filed the instant revision petition.

2. The case of the prosecution was that on 14.11.2004 at about 2:15 P.M. a telephonic message vide report Ext. PW6/A was received from M.O. Vohra Hospital, Paonta Sahib, upon which ASI Mohar Singh alongwith other police officials visited the hospital. The complainant Jalam Singh vide his statement Ext. PW1/A reported to the police that today on 14.11.2004 at about 1:30 P.M., he was going to his house from his shop on his scooter No. HP-17-3490. He was running a furniture shop near the Bangran Chowk and is having residence at Devi Nagar in Paonta Sahib. In process when he reached near Vohra Hospital, a Jeep bearing No. HP-17-8312 which was standing there, all of a sudden, started reversing in a high speed. The complainant tried to save himself but despite that the said Jeep struck against his scooter as a result of which he fell down and received injuries on his person. He came to be moved to Vohra Hospital. He remained specific that the said accident took place due to rash and negligent driving by the driver of Jeep No. HP-17-8312, who was Narain Tiwari. On his statement, FIR Ext. PW8/A was registered. The case was investigated, during which spot map Ext. PW9/A was prepared. The Jeep alongwith its R.C., insurance and keys on being produced by accused Narain Tiwari was taken into possession vide memo Ext. PW4/A. The Jeep was then subjected to mechanical examination vide memo Ext. PW7/A. The photographs of spot were also taken as Ext. P1 to Ext. P3 and on being developed, Ext. P4 to Ext. P6 were placed on record. The complainant was subjected to medical examination vide MLC Ext. PW5/A and was also got x-rayed vide x-ray film Ext. PW5/B. Statements of witnesses were recorded and after completion of investigation, the case was registered against the accused/petitioner.

3. After ensuring the presence of accused person before the trial court, he was admitted on bail and his bail bonds were taken on record. Thereafter, provisions of Section 207 Cr.P.C. were complied with by supplying the copies of challan and other documents to accused and a notice of accusation for the commission of offences punishable under Sections 279, 337, & 338 IPC was put to the accused to which he pleaded not guilty and claimed trial.

4. In order to prove its case, prosecution has examined as many as 9 witnesses in all and after closure of prosecution evidence statement of accused under Section 313 Cr.P.C. was recorded during which he pleaded his innocence and denied the whole case of prosecution.

5. The learned Trial Court after recording evidence and evaluating the same convicted the petitioner under Sections 279, 337 and 338 of the IPC and Section 181 of t........