Revisional court cannot reappraise evidence unless perverse; wrong-side driving at high speed is negligent causing hurt under IPC 279/337/338; probation denied in road injury cases for deterrence.

The present revision is directed against the judgment dated 22.04.2014 passed by learned Additional Sessions Judge, Hamirpur, District Hamirpur, H.P. (learned Appellate Court), whereby the judgment of conviction dated 31.08.2013 and order of sentence dated 03.09.2013 passed by learned Additional Chief Judicial Magistrate, Naduan, District Hamirpur, H.P. (learned Trial Court) were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present revision are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 279, 337 and 338 of the Indian Penal Code (IPC). It was asserted that Rajesh Kumar (PW-7) and Manoj Kumar (PW-9) were riding a motorcycle bearing registration No.RJ-07-9285(T) on 25.06.2008 at 12 noon. Informant Rajesh Kuamr (PW-7) was driving the vehicle, and Manoj Kumar (PW-9) was sitting as a pillion rider. A jeep bearing registration No.HP31-7894 came from the opposite side at a high speed at about 12:30 p.m. at Kohla and hit the motorcycle on the wrong side of the road. The motorcycle riders sustained injuries. They were taken to the hospital in a jeep. The driver identified himself as Shesh Ram (accused). Intimation was given to the police. The police recorded an entry (Ext.PW-2/A) in the daily diary. ASI Surjit Singh (PW-8) went to the hospital for verification. He filed an application (Ext.PW-8/A) for conducting the medical examination of the injured. Dr. B.S. Rana (PW-5) conducted the medical examination of Rajesh Kumar(PW-7) and Manoj Kumar (PW-9), and found that they had sustained simple and grievous injuries, which could have been caused in a motor vehicle accident. He issued MLCs (Ext.PW-6/A and Ext. PW-6/B). Rajesh Kumar (PW-7) made a statement (Ext.PW-7/A), which was sent to the Police Station, where F.I.R. (Ext.PW-11/A) was registered. ASI Surjit Singh (PW-8) took photographs of the spot(Ext.PW-8/B to Ext.PW8/D) whose negatives are Ext.PW-8/E to Ext. PW-8/G. He prepared the site plan (Ext.PW8/H). He seized the jeep and the motorcycle vide memo (Ext.PW3/A). Shesh Ram (accused) produced the registration certificate, insurance of the vehicle, and his driving license, which were seized vide memo (Ext.PW-5/A). Rajesh Kumar (PW-7) produced the registration certificate, insurance of the motorcycle, and his driving license, which were seized vide memo (Ext.PW2/A). An application (Ext.PW8/J) was made for obtaining the treatment summary, and treatment summaries (Ext. PA to Ext. PC) were obtained. Ramesh Chand (PW-4) conducted the mechanical examination of the jeep and motorcycle and found no defect in the vehicles, which could have led to the accident. He issued his reports (Ext.PW4/A and Ext.PW-4/B). The Investigating Officer recorded the statements of witnesses as per their version. After completion of the investigation, the challan was prepared and presented before the learned Trial Court.

3. Learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, a notice