Criminal Revision

Sandeep Sharma, Judge (Oral)

Instant Criminal Revision Petition filed under Section 397 /401 of the Code of Criminal Procedure, lays challenge to judgment dated 16.03.2015, passed by learned Sessions Judge, Solan, District Solan, Himachal Pradesh(Camp at Nalagarh), in Criminal Appeal No.8-NL/10 of 2014, affirming judgment of conviction dated 28.03.2014 and order of sentence dated 11.04.2014, passed by learned Judicial Magistrate, First Class, Court No.2, Nalagarh, District Solan, Himachal Pradesh, in Criminal Case No.166/2 of 2009, titled as State of Himachal Pradesh versus Jaswinder Singh, whereby learned trial Court, while holding petitioner-accused guilty of having committed the offence punishable under Sections 279 and 337 of IPC, convicted and sentenced him as under:-

2. Precisely, the facts of the case, as emerged from the record, are that on 08.10.2008, while complainant, Anil Kumar was going from Nalagarh to Baddi on his motorcycle bearing registration No.HP-12-C1371 alongwith Pankaj Dixit, at about 9.30 AM, Bolero Jeep bearing registration No.HP-12-B-8007, being driven by the accused, came from the opposite side and hit the motorcycle of the complainant, as a result of which, motorcycle fell down on the road and occupants of the same suffered multiple injuries. It is also case of the prosecution that offending vehicle had actually attempted to overtake the bus, which at the relevant time was moving ahead of it, but while doing so, same hit the motorcycle, which was coming from the opposite side.

3. Though, prosecution examined as many as 10 witnesses, but statements of two witnesses i.e. PW-1, Anil Kumar and PW-7, Ms. Pankaj Dixit are relevant for ascertaining the correctness of the judgment of the conviction and order of sentence recorded by Courts below because these are the only two witnesses, who had an occasion to witness the accident with their own eyes, rather other witnesses were admittedly not present at the spot.

4. PW-1, Anil Kumar, deposed that he was employed at Baddi and on 08.10.2008, he alongwith Pankaj Dixit was going on a motorcycle from Nalagarh to Baddi and at about 9.30 AM, while they had reached PG College, Nalagarh, accused came from opposite side driving Bolero jeep in a rash and negligent manner, as a result of which, he alongwith pillion rider fell on the road and sustained injuries. He deposed that they were removed to the hospital and their statements were recorded by the police. In his cross-examination, he clarified that accused was overtaking the bus when the jeep being driven by him collided with his motorcycle. He denied that motorcycle got skidded on the road due to which he sustained injuries. He admitted that some repair work on the road was going on at the time of the accident. He further admitted that at the time of the accident speed of the offending vehicle was slow. If the statement made by afore witness is perused in its entirety, it nowhere suggests that at the time of the accident offending vehicle was being driven in high speed. It also emerges from his statement that at the place of the accident some repair work was going on. It also emerges from his statement that accident occurred when vehicle being driven by the accused attempted to overtake the bus moving ahead of it. Though, this witness simply stated that vehicle was being driven rashly and negligently, but it never came to be explained that in what manner vehicle was being driven rashly and negligently, especially when it has already come in his statement that at the time of the accident, speed of the offending vehicle was slow and at the place of the accident repair work was going on.

5. Another witness, Ms. Pankaj Dixit (PW-7), who was the pillion rider, also stated that she was going with the complainant on his motorcycle on the relevant date and ti