STATE OF HIMACHAL PRADESH Vs. TARIQ MOHAMMAD
LAWS(HPH)-2021-3-6
HIGH COURT OF HIMACHAL PRADESH
Decided on March 09,2021

STATE OF HIMACHAL PRADESH Appellant
VERSUS
Tariq Mohammad Respondents

JUDGEMENT

ANOOP CHITKARA, J. - (1.) Challenging the acquittal of the respondent for commission of offences punishable under Sections 304A, 279, 337 IPC and Section 187 of Motor Vehicles Act, 1988, the State of Himachal Pradesh has come up before this Court seeking conviction.
(2.) The gist of the facts apposite to decide the present matter traces its history to an information made by Rakesh Sharma (PW-1) to Police Station, Sundernagar, District Mandi. The complainant on 2nd September, 2009, informed Police Station, Sundernagar that he is a generalist by profession. On 1 st September, 2009, i.e. the previous day, in the evening at around 7.30 p.m., he had gone to withdraw money from ATM. When he was withdrawing the money, then in front of ATM on National Highway, one red coloured Motorbike hit an old pedestrian. Due to impact, the said man fell down and received lot of injuries. He noticed 'CBZ' written on the bike, however the rider drove away the motorcycle. This incident was witnessed by Bharat Bhushan PW-2 and Kamal Sharma (not examined). The name of the injured was revealed as Lal Chand and informant brought him to Civil Hospital, Sundernagar for treatment. He came to know that he was subsequently referred to Zonal Hospital, Mandi. He further told that on that day, lot of people in injured condition were brought to the hospital and lot of bodies were also brought and due to this confusion, he has forgotten to inform the police about this incident. He further told that the injured was all alone and that is why he had brought him to the Hospital. Now he has come to know that Lal Chand had expired at 8.00 a.m. on 2.9.2009, that is why he informed the police. Based on such information, the police registered FIR, mentioned above.
(3.) As per the postmortem report, the cause of death was road accident. During investigation, the police came to know about the involvement of the accused and seized the motorcycle. The police got the said motorcycle mechanically examined from a mechanic, Hem Raj (PW-6), who found it in order.;


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