Lok Pal Singh, J.

PW1 Vimal Kishor Bhatt set the criminal law into motion by lodging a report on 23.04.2015 with Police Outpost I.D.P.L., P.S. Rishikesh against unknown truck driver of truck no. HR 58/7246, stating therein that on 23.04.2015, his nephew Sachin Rayal was going on a motorcycle bearing registration no. UK 07 C/7078 along with his friend Ankit towards Khadri Khadakmauf from Rishikesh. The other motorcycle was being driven by complainant himself along with his relative Mohan Lal. At 07:52 P.M., when they reached in front of Sunrise hotel, Haridwar road, a truck bearing registration no. HR 58/7246, being driven by unknown driver, came from the side of Shyampur at a high speed and hit the motorcycle of Sachin Rayal, due to which, Sachin Rayal and Ankit got seriously injured and the motorcycle also got badly damaged. Truck driver speeded away towards Rishikesh after hitting the motorcycle. Complainant told Mohan Lal to take the injured persons to the hospital and chased the truck on his motorcycle. The truck driver appeared to be in the state of intoxication. Information was being given to the police. The same truck driver also hit two persons riding a motorcycle at Kale ki dhal. The police somehow managed to intercept the truck near Bhadrakali in the presence of the complainant. The driver was identified. Driver disclosed his name as Rishiram Yadav to the police. Sachin Rayal was declared dead by the doctors of Govt. hospital, Rishikesh.

2. On the basis of chik FIR, FIR was lodged against the accused for the offences punishable under Sections 304, 338 and 427 IPC. After investigation, charge sheet was submitted against the accused-appellant for the selfsame offences. The Magistrate on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 of the Cr.P.C., committed the case to the court of Sessions, for trial. Learned I Addl. Sessions Judge, Rishikesh, took cognizance and framed charge for the offences punishable under Sections 304 Part II, 338, 427 IPC against the accused, to which he pleaded not guilty and claimed to be tried.

3. Prosecution got examined PW1 Vimal Kishor (complainant); PW2 Mohan Lal; PW3 Constable Arvind Singh Pundir; PW4 Ankit Rawat; PW5 Dr. Rohit Upadhyaya; PW6 Dr. Harish Diwedi; PW7 H.C.M.T. Hayat Singh; PW8 S.I. Rajesh Singh, PW9 Dr. U.P. Gupta and PW10 S.I. Yogesh Kumar. The oral and documentary evidence was put to the accused, under Section 313 of Cr.P.C., in reply to which he stated himself to be innocent and alleged that the evidence against him is false. However, no evidence was adduced in defence.

4. After considering the evidence on record, learned I Addl. Sessions Judge, Rishikesh, Dehradun, vide judgment and order dated 28.01.2016, convicted accused-appellant Rishiram Yadav under Sections 304 Part II, 338 and 427 IPC. The convict was sentenced to undergo rigorous imprisonment for a period of ten years under Section 304 Part II IPC. He was also sentenced to undergo two years rigorous imprisonment under Section 338 IPC and rigorous imprisonment for a period of two years under Section 427 IPC. All the sentences were directed to run concurrently. Aggrieved against the same, present criminal appeal has been preferred by the convict, from District Jail, Dehradun.

5. Before further discussion, it is pertinent to mention here, the ante mortem injuries found on the person of the deceased Sachin Rayal, recorded by PW6 Dr. Harish Diwedi, who prepared the postmortem examination report (Ext A –8). The same are reproduced as under:

“1. Laceration over left parieto occipital region, 3 cm X 1 cm present.

2. Laceration 2 cm X 1 cm present and 2 cm X 1 cm over right forearm. Blood mark over left ear.

3. 7 cm long laceration present over right leg (Antero Lateral aspect.) Muscle nerves, veins exposed. Foreign body in the form of dirt/ grease present.

On internal examination, following ante mortem injuries were found on the person of deceased Sachin Rayal: