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2017 Supreme(HP) 510
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SURESHWAR THAKUR, J.
State of Himachal Pradesh - Appellant
Versus
Rakesh Thakur - Respondent
Cr. Appeal No. 797 of 2008
Decided on : 14-06-2017
Advocate Appeared:
For the Appellant :Mr. Vivek Singh Attri, Additional Advocate General
For the Respondent:Mr. G.D. Verma, Senior Advocate with Mr. B. C. Verma, Advocate
The prosecution must establish the accused's identity and his occupation of the steering wheel of the vehicle in motor vehicle accident cases to prove the accused's involvement beyond reasonable doubt.
Headnote:
Acquittal - Motor Vehicle Accident - Indian Penal Code, Sections 279, 337, 338, 304-A and Motor Vehicles Act, Section 187 - The court discussed the efficacy of findings recorded by the trial Magistrate, the omission of a valid Test Identification Parade, and the burden of proving the identity of the accused and his involvement in the accident. The prosecution's failure to establish the accused's identity and his occupation of the steering wheel of the vehicle led to the dismissal of the appeal.
Fact of the Case:
The case involved a motor vehicle accident resulting in the death of one individual and injuries to others. The accused was charged with offences under Sections 279, 337, 338, 304-A of the Indian Penal Code and Section 187 of the Motor Vehicles Act.
Finding of the Court:
The trial Court acquitted the accused after an appraisal of the evidence on record, finding no gross perversity or mis-appreciation of evidence.
Issues: The key issues revolved around the establishment of the accused's identity and his involvement in the accident, including the omission of a valid Test Identification Parade and the burden of proving the accused's occupation of the steering wheel at the time of the collision.
Ratio Decidendi: The court held that the prosecution failed to establish the accused's identity and his occupation of the steering wheel of the vehicle, leading to the dismissal of the appeal.
Final Decision: The appeal was dismissed, and the judgment of acquittal rendered by the trial Court was maintained and affirmed.
Sureshwar Thakur, J.
1. The instant appeal stands directed by the State of Himachal Pradesh against the judgment of acquittal rendered on 16.9.2008 by learned Judicial Magistrate, 1st Class, Kandaghat, District Solan, H.P. in criminal case No. 12/2 of 2006 embodying therein offences punishable under Sections 279, 337,338, 304-A of the Indian Penal Code and under Section 187 of the Motor Vehicles Act.
2. The facts relevant to decide the instant case are that on 17.4.2006 at about 9:20 a.m. one information has been received in the Police Station, Kandaghat that an accident has taken place near Destination Hotel. On this information ASI Rupender Kumar along with Constable Bali Ram visited the place of occurrence. On enquiry, it was found that the driver of the truck No. HP-51-1256 was driving the truck in rash and negligent manner and was going from Shimla to Solan and scooter No. HP-14-A-2156 which was being driven by Dev Raj was going from Solan to Shimla. Dev Raj was with his daughter Lata Sharma. The scooter was hit by the truck in question from wrong side, due to which Dev Raj Sharma and his daughter Lata Sharma sustained grievous injuries. The injured were taken to hospital at Kandaghat and thereafter they were referred to Zonal Hospital, Solan for further medical aid. From Zonal Hospital, they were referred to PGI, Chandigarh. In the way Dev Raj succumbed to his injuries and he was brought back to Zonal Hospital Solan, where post mortem of his dead body was conducted and police obtained the post mortem report. The accident is claimed to have taken place due to the rash and negligent driving of truck No. HP-51-1256 by the accused. During the investigation, police prepared spot map. MLC of injured Lata Sharma with respect to injuries sustained by her on her person was obtained by the police. The truck and scooter along with their documents were taken into possession in presence of witnesses. The vehicles met with an accident, were subjected to mechanical examination and police procured mechanical reports in this regard. The accused was arrested and later on released after furnishing personal and surety bonds. The statements of witnesses acquainted with the fact of the case were recorded as per their versions. On completion of investigation and being satisfied of the commission of offence punishable under Sections 279, 337, 338, 304-A of IPC and 187 of M.V. Act by the accused, the officer-in-charge of the concerned police station submitted the chargesheet against him.
3. On conclusion of the investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.
4. The accused stood charged by the learned trial Court, for his committing offences punishable under Sections 279, 337, 338, 304-A IPC and 187 of M.V. Act. In proof of the prosecution case, the prosecution examined 15 witnesses. On conclusion of recording of the prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded by the learned trial Court, in which the accused claimed innocence and pleaded false implication in the case.
5. On an appraisal of the evidence on record, the learned trial Court, returned findings of acquittal in favour of the accused/respondent herein.
6. In sequel to the collision which occurred inter-se the scooter, whereon the victim/deceased was atop, vis-à-vis, the truck purportedly driven by the accused/respondent, the former, as unraveled by the apposite post-mortem report, comprised in Ext. PW11/B, suffered his demise, in sequel to the injuries which he in the aforesaid collision sustained on his person. The learned Additional Advocate General has made a mounted assault upon the efficacy of findings recorded by the learned trial Magistrate, wherein she proceeded to dispel the identity of the accused/respondent, besides his involvement in the ill-fated collision, merel
