Decided on March 19,2021



Chander Bhusan Barowalia,J. - (1.) The present revision petition is maintained by the petitioner/accused (hereinafter referred to as "the accused") under Sections 401 read with Section 397 Cr.P.C and Rule 1 of Part H Chapter 5, of High Court of HP (Appellate Side) Rules, 1997, against judgment dated 01.10.2011, passed by learned Sessions Judge, Sirmaur, District at Nahan, in Criminal Appeal No. 45-Cr.A./10 of 2009, upholding the judgment of conviction dated 28.08.2009 and sentence dated 31.08.2009, passed by learned Judicial Magistrate 1st Class, Paonta Sahib, District Sirmaur, in Criminal Case No. 127/2 of 2006/04.
(2.) Tersely, the facts giving rise to the present petition can be summarized as under: On 10.09.2004, around 09:05 a.m., police of Police Station Paonta Sahib were telephonically informed from Civil Hospital, Paonta Sahib, about an accident case, so the police team rushed to the hospital. Police recorded the statement of Ms. Om Lata (injured/complainant) under Section 154 Cr.P.C., who divulged that at about 08:45 a.m., when she alongwith her niece Bharti Sharma (injured) were on their feet to Devi Nagar and reached near Chandel Clinic at Devi Nagar, a white Sumo car, which was being driven rashly and negligently, came from Vishwa Karma side and hit against her from behind. As a result of the impact, she fell down and sustained injuries. Many people thronged the spot of accident and she was shifted to hospital by her niece. As a sequel of the statement of the injured, police registered a case under the apt Sections of IPC and the injured was medically examined. Police prepared the spot map, seized the vehicle involved in the accident alongwith its documents and got the same mechanically examined. Police, after completion of investigation, presented the challan in the learned Trial Court and the learned Trial Court, through its judgment dated 28.08.2009, convicted the accused under Sections 279 and 337 IPC and sentenced him to undergo simple imprisonment for one month and to pay fine of Rs. 500/- under Section 279 IPC and in default of payment of fine to undergo simple imprisonment for 15 days. The accused was further sentenced to undergo simple imprisonment for one month and to pay fine of Rs. 500/- under Section 337 IPC and in default of payment of fine to undergo simple imprisonment of 15 days. The accused laid challenge against the judgment of the learned Trial Court, by filing an appeal, before the learned Lower Appellate Court. The learned Lower Appellate Court, vide its judgment dated 01.10.2011, dismissed the appeal and upheld the verdict of the learned Trial Court, hence the present revision petition.
(3.) It is averred in the petition that the impugned judgment rendered by the learned Lower Appellate Court is against law and facts and the same is liable to be set aside. It is further averred that the learned Courts below have not appreciated the evidence in its right and true perspective. It is further contended that the statement of PW-1 has been wrongly appreciated. Lastly, it is prayed that the accused be acquitted by setting aside the impugned judgments.;

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