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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rajiv Sharma & Sureshwar Thakur, JJ.
Gurpreet alias Goldi and another – Appellants
Versus
State of Himachal Pradesh – Respondent
Cr. A Nos. 46, 47, 57 & 77 of 2011
Decided On : 11.7.2014
The court acquitted the accused of all charges due to lack of evidence. The prosecution failed to prove that the motorcycle was hit by another vehicle, and the manner in which the case was converted from Sections 279 and 337 of the Indian Penal Code to Sections 147, 148, 149, 120-B, 302, 307, and 506 of the Indian Penal Code was questionable. The court found that the accident was a simple accident due to rash and negligent driving and that the involvement of the accused persons was not established.
Fact of the Case:
The injured PW17 Sohan Singh and the deceased Daljinder Singh decided to visit Chintpurni and Brijeshwari Temples in District Kangra. On 22.8.2009, they started their journey on their motorcycle. When they reached at village Mullapur, the motorcycle developed a snag. The accused attempted to hit them with the Indica car but they escaped. When they were getting their motorcycle repaired, one of the accused Sarvjeet Singh alias Mangi was also present there. He advised them to proceed on his motorcycle and assured that he would leave the motorcycle in the village after getting it repaired. They agreed to the suggestion of the accused Sarvjeet Singh and proceeded further on his motorcycle. The accused Sarvjeet Singh remained in their contact on the phone and he inquired about their journey, location, and the stay. After visiting Chintpurni Temple on 23.8.2009, they proceeded further on a motorcycle to Kangra. They visited Brijeshwari Temple. When they were coming back from Kangra towards Chintpurni, one Innova car came from the opposite side and hit their motorcycle. Both of them fell down on the road. Three persons came out from the Innvoa Car. They were armed with dandas. They gave beatings to PW17 Sohan Singh and the deceased Daljinder Singh. They received injuries. They were shifted to Medical College and Hospital, Tanda. Daljinder Singh succumbed to his injuries. The statement of PW17 Sohan Singh was recorded at Arora Hospital, Ludhiana vide Ext.PW2/F, on the basis of which, FIR was converted to Sections 147, 148, 149, 120-B, 302, 307, and 506 of the Indian Penal Code from Sections 279 and 337 of the Indian Penal Code.
Finding of the Court:
The court found that the prosecution failed to prove that the motorcycle was hit by another vehicle. The court also found that the manner in which the case was converted from Sections 279 and 337 of the Indian Penal Code to Sections 147, 148, 149, 120-B, 302, 307, and 506 of the Indian Penal Code was questionable. The court found that the accident was a simple accident due to rash and negligent driving and that the involvement of the accused persons was not established.
Issues: 1. Whether the prosecution proved that the motorcycle was hit by another vehicle? 2. Whether the manner in which the case was converted from Sections 279 and 337 of the Indian Penal Code to Sections 147, 148, 149, 120-B, 302, 307, and 506 of the Indian Penal Code was proper?
Ratio Decidendi: The court held that the prosecution failed to prove that the motorcycle was hit by another vehicle. The court also held that the manner in which the case was converted from Sections 279 and 337 of the Indian Penal Code to Sections 147, 148, 149, 120-B, 302, 307, and 506 of the Indian Penal Code was questionable. The court found that the accident was a simple accident due to rash and negligent driving and that the involvement of the accused persons was not established.
Final Decision: The court acquitted the accused of all charges.
Rajiv Sharma, J.
1. Since common questions of law and facts are involved in these appeals, the same were taken up together for hearing and are being disposed of by a common judgment.
2. These appeals are instituted against the judgment dated 30.12.2010 passed by the learned Sessions Judge, Kangra at Dharamshala in Sessions Case No.1-K/VII-2010, whereby the accused Gurpreet alias Goldi, Lakhbir alias Kheera and Kulwinder alias Gopi were convicted for the offences punishable under Sections 304 (Part-I) and 307 of the Indian Penal Code and were acquitted for the offences punishable under Sections 147, 148, 149, 120-B and 302 of the Indian Penal Code by giving them benefit of doubt. Accused Lakhbir alias Kheera was also convicted for the offence punishable under Section 506 of the Indian Penal Code and the accused Gurpreet alias Goldi and Kulwinder alias Gopi were acquitted for the offence punishable under Section 506 of the Indian Penal Code. One of the accused Sarvjeet alias Mangi was acquitted for the offences punishable under Sections 147, 148, 149, 120-B, 302, 307 and 506 of the Indian Penal Code. The accused Gurpreet alias Goldi, Lakhbir alias Kheera and Kulwinder alias Gopi were sentenced to undergo simple imprisonment for a period of ten years and to pay a fine of Rs.10,000/- each and in default of payment of fine to further undergo simple imprisonment for a period of one year under Section 304 (Part-I) of the Indian Penal Code and to undergo simple imprisonment for a period of five years and to pay a fine of Rs.5,000/-each and in default of payment of fine to further undergo simple imprisonment for a period of six months under Section 304 (Part-I) of the Indian Penal Code. The accused Lakhbir alias Kheera was also sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo simple imprisonment for a period of three months under Section 506 of the Indian Penal Code.
3. These appeals are instituted by the State against the judgment dated 30.12.2010 passed by the learned Sessions Judge, Kangra at Dharamshala in Sessions Case No.1-K/VII-2010, acquitting the accused Gurpreet alias Goldi and Kulwinder alias Gopi for the offences punishable under Sections 147, 148, 149, 120-B, 302 and 506 of the Indian Penal Code, accused Lakhbir alias Kheera for the offence punishable under Sections 147, 148, 149, 120-B and 302 and the accused Sarvjeet alias Mangi for the offences punishable under Sections 147, 148, 149, 120-B, 302, 307 and 506 of the Indian Penal Code. The State has also prayed for enhancement of the sentence so awarded to the accused under Sections 304, 307 and 506 of the Indian Penal Code.
4. The case of the prosecution, in a nutshell, is that the injured PW17 Sohan Singh alias Shainti informed the police that on 22.8.2009 at 9.00 A.M., he along with deceased Daljinder alias Kaka left their houses on motorcycle for Chintpurni and Brijeshwari Devi Temples, Kangra. They reached at village Mullapur at 10.00 A.M. They met accused Lakhbir Singh alias Kheera and Kulwinder alias Gopi in Indica Car. They attempted to hit them with the car, however, they escaped. They scuffled with them and also threatened that they would see them. The accused Sarvjeet alias Mangi was also present on the spot. Their motorcycle developed some snag. The accused Sarvjeet Singh alias Mangi told them that the quarrel may take place again and advised them to leave the place on his motorcycle. He assured them that he would leave their motorcycle in the village after getting it repaired. Thereafter, both of them took the motorcycle No.PB-10CB-8805 of Sarvjeet Singh alias Mangi and left towards Chintpurni temple and reached there at 10.30 P.M. They stayed in a hotel. In the morning, they left for Brijeshwari Devi temple. The accused Sarvjeet Singh alias Mangi remained in their contact telephonically to know about their location. They paid obeisance at Brijesh
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