Driving recklessly and losing control of a vehicle causing injury or death constitutes negligence, warranting conviction under Sections 279, 337, 338, and 304-A IPC.

JUDGMENT :

RAKESH KAINTHLA, J.

The present revision is directed against the judgment dated 08.07.2014 passed by learned Additional Sessions Judge (III), Kangra at Dharamshala camp at Palampur, (learned Appellate Court), vide which judgment of conviction and order of sentence, passed by learned Judicial Magistrate, First Class (I), Palampur, District Kangra, 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, 338, and 304-A of the Indian Penal Code, 1860 (IPC) and Section 181 of the Motor Vehicles Act, 1988 (MV Act).It was asserted that the informant Krishan Chand was returning to his home in the vehicle bearing registration number HP- 53-3822 on 9th February 2007. The accused was driving the vehicle. 20-21 people were travelling in the vehicle. The accused could not control the vehicle due to its high speed, and the vehicle fell into a gorge. The informant and other occupants sustained injuries. Brahmu Ram died on the spot. The accident occurred due to the negligence and high speed of the vehicle. Intimation was given to the police. The police recorded an entry in the daily diary (Ex. PW5/A) and sent Sub Inspector Duni Chand (PW-6), ASI Brahm Dass (PW7), HC Ishwar Dass, Constable Ajay Kumar, HHC Ravinder Chand and HHC Ajay Kumar to verify the correctness of the information. ASI Brahm Das recorded the statement (Ex. PW1/A) of Krishan Chand (PW1), which was sent to the police station where FIR (Ex. PW7/A) was registered. ASI Brahm Das prepared the site plan (Ex PW7/C). He seized the vehicle bearing registration No. HP-53-3822 vide seizure memo (Ex. PW7/D). Rajinder Kumar (PW3) mechanically examined the vehicle but did not find any defect in it which could have led to the accident. He issued a report (Ex. PW3/A). Photographs of the spot (Ex. PA1 to Ex. PA4) were taken. The MLCs of the injured (Ex. PA1 to Ex. PA11) were taken. The autopsy report of Brahmu Ram (Ex. PC) was issued, stating that the injured died because of multiple ante-mortem injuries and fractures of ribs, leading to the rupture of the spleen. Statements of prosecution witnesses were recorded as per their version. 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, 337, 338 and 304A of the IPC, to which he pleaded not guilty and claimed to be tried.

4. The prosecution examined eight witnesses to prove its case. Krishan Chand (PW-1) is the victim/informant. Sushma Devi (PW-2), Santosh Kumar (PW-4), Duni Chand (PW-6) and Prem Kumar (PW-8) are the eyewitnesses. Rajinder Kumar (PW-3) mechanically examined the vehicle. HHC Swaroop Chand (PW5) proved the entry in the daily diary. ASI Brahm Dass (PW-7) investigated the matter.

5. The accused, in his statement recorded under Section 313 of Cr.P.C., admitted that he was driving the vehicle. He stated that another vehicle came from the wrong side of the road. He swerved his vehicle to avoid the collision, which led to the accident. He admitted that the police had seized the vehicle and mechanically examined it. He denied the rest of the prosecution’s case. He stated that he was innocent and was falsely implicated. He did not produce any evidence in his defence.

6 Learned Trial Court held that the accused did not dispute that he was driving the vehicle which had met with an accident, and its occupants had sustained multiple injuries. The prosecution’s witnesses admitted that the accused drove the vehicle towards the wrong side of the road. The plea taken by the accused th