Revisional court acquits of rash driving/death charges where site plan shows victim vehicle on wrong side, speed unquantified, negligence opinions inadmissible; upholds conviction for fleeing without aiding injured.

JUDGMENT :
Rakesh Kainthla, Judge

The present revision is directed against the judgment dated 02.06.2015 passed by learned Additional Sessions Judge-II, Shimla, District Shimla, H.P.(learned Appellate Court) vide which the judgment of conviction and order of sentence dated 23.12.2010, passed by learned Judicial Magistrate First Class, Jubbal, District Shimla, 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 304-A of the Indian Penal Code (IPC) and Section 187 of the Motor Vehicles Act, 1988 (M.V. Act). It was asserted that Arun Kumar (since deceased) was riding a motorcycle bearing registration No. HP-10A-0606 on 10.06.2009, and the informant Satish Kumar (PW-1) was sitting as a pillion rider. A truck bearing registration No. HP11B-4617 came from the opposite side at a high speed and hit the motorcycle at Bohli Kainchi at about 5:30 p.m.. The truck sped away towards Hatkoti. Arun Kumar and Satish Kumar fell and sustained multiple injuries. The accident occurred due to the negligence of the truck driver. An intimation was given to the police. The police recorded an entry (Ext.PW-11/A) in the Daily Diary. HC Amrit Singh (PW-15), Constable Shishi Ram (PW-12) and Constable Sunil Kumar went to the spot to verify the correctness of the information. HC Amrit Singh (PW-15) recorded the statement (Ext.PW-1/A) of Satish Kumar (PW-1), which was sent to the Police Station, where F.I.R. (Ext.PW-13/B) was registered. The injured and deceased were taken to the hospital. An application (Ext.PW-10/E) was filed for conducting the medical examination of the injured. Dr Sanjeev Gupta (PW-10) conducted the medical examination of the injured and found that he had suffered simple injuries. He issued MLC (Ext.PW10/C). The inquest on the dead body was conducted, and a report (Ext.PW-10/B) was issued. An application was filed for conducting the post-mortem examination of the deceased. Dr Sanjeev Gupta (PW-10) conducted the post-mortem of the deceased and found that the death was caused by comma and haemorrhagic shock due to excessive bleeding. He issued the report(Ext.PW-10/A). HC Amrit Singh (PW-15) went to the spot and prepared the site plan (Ext.PW-15/A). He found 12-foot marks of dragging the motorcycle by the truck. The truck was parked at Bohli Nala. The driver was missing. The Registration Certificate (Ext. PW-2/C), insurance certificate (Ext. PW-2/D) and logbook (Ext. PW-2/E) of the truck were taken into possession vide memo (Ext.PW-2/B. The Registration Certificate Ext.PW-9/B), and insurance certificate (Ext.PW-9/C) were taken into possession vide memo (Ext.PW-9/A) of the motorcycle. Ph