Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1454

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RAKESH KAINTHLA, J.
Bhajan Dass – Appellant
Versus
State of Himachal Pradesh – Respondent
Cr. Revision No. 4090 of 2013
Decided On : 10-11-2025

Advocates Appeared:
For the Appellant : Shashi Shirshoo
For the Respondent: Lokender Kutlehria

Negligence while driving under intoxication resulting in damage to property is a valid ground for conviction under criminal law, demonstrating the importance of maintaining road safety standards.

Headnote:(A) Indian Penal Code, 1860 - Sections 279, 337, and 201 - Motor Vehicles Act, 1988 - Sections 184 and 185 - Dangerous driving leading to accidents in a populated area, causing damage to parked vehicles - Accused convicted for negligence while under the influence of alcohol. (Paras 1, 2, 42)

(B) Criminal Procedure Code, 1973 - Section 313 - Application of law regarding the burden of proof and presumption of innocence is pivotal in the evidentiary process - The court may not interfere with findings of lower courts unless proven perverse. (Paras 10, 13, 47)

Facts of the case:
The accused, under the influence of alcohol, was involved in a series of accidents where his truck hit multiple parked vehicles, leading to injuries and damage. Despite claims of innocence, the evidence from various eyewitnesses corroborated the driving conditions. (Paras 2, 6)

Findings of Court:
The lower courts established that the accused was driving negligently and under intoxication, as proven by eyewitness accounts and forensic evidence, leading to the conclusion that the prosecution's burden was met. (Paras 5, 45)

Issues: The critical questions involved whether the accused was indeed responsible for the accidents and whether the legal standards for conviction had been adequately met. (Paras 8, 44)

Ratio Decidendi: The court emphasized that a driver's duty of care extends to avoiding injury to road users and property, and a lack of caution in a crowded area constitutes negligence. (Paras 20, 25)

Result: Revision dismissed; the original conviction and sentence upheld.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present revision is directed against the judgment dated 11.04.2013 passed by learned Sessions Judge (Forests), Shimla, District Shimla, H.P. (learned Appellate Court), vide which judgment of conviction dated 24.11.2010 and order of sentence dated 29.11.2020, passed by learned Judicial Magistrate, First Class Court No.2, Shimla, 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 for the commission of offences punishable under Sections 279, 337 and 201 of the Indian Penal Code, 1860 (IPC) and Sections 184 and 185 of the Motor Vehicles Act, 1988 (MV Act). It was asserted that informant Prem Chand (PW-1) and Shyam Lal Kashyap (PW-6) had parked their vehicle bearing registration No.HP06-3393 near Dhalli Link Road, Inder Nagar, towards the left side of the road on 03.04.2006, and were talking on the telephone. A truck bearing registration No. HP-63-1157 came from Sanjauli and hit the rear side of the car. The truck did not stop and sped away towards Dhalli. The informant followed the truck. The truck also hit a Tata Specio Sumo bearing registration No. HP51-0460 near Anubhav Enterprises, a Wagon R bearing registration HP09A- 0717, Zen car bearing registration No. HP 62-7777 near Swati Car Care and a Maruti car bearing registration No. HP09A- 0609 near Dhalli Bazar. The truck was stopped near the Mashobra bifurcation. The truck was being driven in a dangerous manner, which caused danger to the parked vehicles and pedestrians walking on the road. The name of the driver was found to be Bhajan Dass (present petitioner/accused). He was intoxicated. The matter was reported to the police. An entry (Ext.PW-8/A) was recorded in the Police Station. SI Pal Chand (PW-15), HC Surinder Singh (PW-7), HC Man Dass (PW-9), Constable Diwan Chand and Constable Chander Prakash went to the spot to verify the correctness of the information. The informant made a statement (Ext.PW-1/A), which was sent to the Police Station, where F.I.R. (Ext. PW-13/A) was registered. HC Man Dass (PW-9) investigated the matter. He prepared the site plan (Ext.PW-9/A) and seized the truck bearing registration No.HP63-1157, driving licence (Mark X1), Insurance Certificate (Mark X2), CC (Mark X3), and National Permit (Mark X4) vide memo (Ext.PW-1/B). Constable Rajinder Singh (PW-11) mechanically examined the vehicle, and he did not find any defect in the vehicle, which could have led to the accident. He issued a report (Ext.PW-11/A). Constable Lokinder Singh (PW-12) took the photographs (Ext.PW-12/A-1 to Ext.PW- 12/A-6), whose negatives are Ext.PW-12/A-7 to Ext. Ext. PW12/A-12. Dr Aman Madaik (PW10) examined the accused. He found that the accused had sustained simple injuries. His speech was slurred, his gait was staggering, and his breath smelled of alcohol. He preserved the blood and the urine sample and issued the report (Ext.PW10/A). Blood and urine samples were sent to FSL, and the result of the analysis (Ext.PZ) was issued, in which it was mentioned that the blood contained 78.2 mg% and the urine contained 235.8 mg% alcohol. Statements of prosecution witnesses were recorded as per their version, and after the 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 of accusation was put to him for the commission of offences punishable under Sections 279 and 201 of the IPC and Section 185 of the MV Act to which he pleaded not guilty and claimed to be tried.

4. The prosecution examined fifteen witnesses to prove its case. Prem Chand (PW-1) is the informant. Ram Lal (PW-2), Shyam Singh Verma (PW-3), Rakesh Sharma (PW- 4), Shyam Lal K