Whether approved for reporting?¹Whether reporters of Local Papers may be allowed to see the judgment?

Rakesh Kainthla, Judge:

The present revision is directed against the judgment dated 20.08.2025, passed by the learned Additional Sessions Judge, Kangra at Dharmshala, District Kangra (learned Appellate Court), vide which the judgment of conviction dated 27.06 2019 and order of sentence dated 09.07.2019, passed by learned Judicial Magistrate 1st Class, Court No.2, Kangra, H.P. (learned Trial Court) were upheld. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned trial Court for convenience).

Briefly stated, the facts giving rise to the present revision are that the accused Sanjay Kumar was driving a bus bearing Registration No.HP-40-6042, on 08.06.2010, on National Highway, from Mattour towards Gaggal. When the bus reached near Mattour at about 4.45 p.m., the accused lost control of the bus. The bus went towards the other side of the road and hit a Mahindra Pickup bearing Registration No. HP-68-0651, coming from the opposite direction. The Pickup moved by the impact and hit another vehicle bearing Registration No. HP-54A-1227. Indira Devi (PW-4), Mangat Ram and Kanta Devi (PW-7) sustained injuries in the accident. The matter was reported to the police. The police recorded an entry in the Daily Diary (Ext. PW-1/A). ASI, Ghamanda Ram, was directed to visit the spot for verification. The informant Ravi Sharda (PW-2) made a statement (Ext. PW-2/A), which was sent to the Police Station, where FIR (Ext. PW-9/B) was registered. An application was filed for the medical examinations of the injured. Doctor G.D. Gupta (PW3) and Dr. Dineshwar Singh (PW-6) examined Indra Devi, Kanta Devi and Mangat Ram. They found that Indra Devi had sustained simple and grievous injuries, whereas Kanta Devi and Mangat Ram had sustained simple injuries. They issued MLCs (Ext. PW-3/A, Ext. PW-3/B and Ext. PW-6/A). The police seized the vehicles bearing the registration numbers HP-54A-1227, HP-68-0651, and HP-40-6042 along with documents vide memos (Ext. PW-8/A, Ext. PW-2/A and Ext. PW-10/A). Durga Dass (PW6-A) mechanically examined the vehicles and found that there was no mechanical defect in them that could have led to the accident. He issued the reports (Ext. PW-6/A to Ext. PW-6/C). Dinesh Kumar (PW-11) issued a certificate (Ext. PW-11/A) stating that the accused was driving the bus at the time of the accident. The statements of witnesses were recorded as per the versions, and after completion of the investigation, the police filed a charge sheet before the Court.

The learned trial Court found sufficient reasons to summon the accused. When the accused appeared, notice of accusation was put to him for the commission of offences punishable under Sections 279, 337 and 338 of the Indian Penal Code (IPC), to which he pleaded not guilty and claimed to be tried.

The prosecution examined 12 witnesses to prove its case. Som Raj (PW-1) proved the entry in the Daily Diary Report. Ravi Sharda (PW-2) is the informant/eyewitness. Doctor G.D. Gupta (PW-3) and Dr. Dineshwar Singh (PW-6) conducted the medical examinations of the injured. Indira Devi (PW-4), Jagdish Chand (PW-5), Kanta Devi (PW-7) and Jodhamal (PW-8) are eyewitnesses. Durga Dass (PW6-A) conducted the mechanical examination of the vehicles. Inspector Shanker Singh (PW-9) signed the FIR. HC Karamjit Singh (PW-10) witnessed the seizure memo. Dinesh Kumar (PW-11) is the owner of the bus.

The accused, in his statement recorded under Section 313 of the Cr. P.C. admitted that he was driving the bus bearing Registration No. HP-40-6042 on the date of the accident, the police had seized the bus, the mechanical examination of the bus was conducted, and the owner had issued a certificate stating that he (the accused) was driving the bus at the time of the accident. He stated that the accident occurred because of the breakdown of the Patta, leading to the drifting of