- (1.) Leave granted.
(2.) Appellant faced trial for offences punishable under sections 279, 337, 338 and 304-A of the Indian Penal Code, 1860 (in short 'the IPC) and section 185 of the Motor Vehicles Act, 1988 (in short 'the MV Act'). The appellant was acquitted by the learned Judicial Magistrate, Hamirpur. State of Himachal Pradesh preferred an appeal before the Himachal Pradesh High Court which by the impugned judgment set aside the judgment of acquittal passed by the trial court and directed conviction of the respondent for offences punishable under sections 279, 337, 338 and 304-A, IPC and imposed various sentences, which were directed to run concurrently. The maximum sentence imposed was one year.
(3.) Background facts in a nutshell are as follows: On 15.4.93 the accused-appellant was the driver of the truck No. HIU 3837. The said truck was carrying a marriage party. When it reached near village Kacherha, on the public way, at about 11 a.m., he lost its control, consequently it went off the road, rolled down in the field, leaving Pratap Singh alias Pinku, Kuldeep Singh alias Jogi, dead on the spot and Kamal Kishore and Manohar Lal injured persons died in the hospital at Bhoranj later, due to accidental injuries, whereas, out of about 50 other members of the marriage party, who were the occupants of the said truck, Harish Kumar, Amin Chand, Rajesh Kumar, Tej Ram, Rattan Chand, Desh Raj, Rakesh Kumar, Hem Chand, Surjit Singh, Mahant Ram, Prakash Chand, Pawan Kumar, Shambhu Rani, Paras Ram, Ranbir Singh, Prem Chand, Prakash Chand and Sanjay, sustained simple injuries, whereas, Anil Kumar, Joginder, Suresh Kumar, another Joginder Singh, Ishwar Dass, Nand Lal, Lekh Ram and Lekh Raj sustained grievous injuries. The appellant was allegedly drunk. He and the cleaner of the truck had absconded. The case was registered. The police took the photograph of the spot, prepared the site plan, truck was mechanically examined, the post-mortem reports and the MLCs of the injured were taken into possession and after recording the statements of the witnesses, the challan was presented in the court, for the trial against the respondent. The charges were framed and put to the appellant, to which he pleaded not guilty and claimed trial. Nathu Ram, PW 1, is a constable, who was on his duty to execute the processes. He is an eyewitness of the said accident. Rup Lal, PW 3, was an occupant and father of bridegroom Kuldeep Singh deceased, whose marriage party was travelling in the said truck. PW 2 Dile Ram (injured), PW 4 Rattan Lal, PW 5 Rattan Chand (injured), son of Salig Ram, PW 6 Surjit Singh, PW 13 Rakesh Kumar, PW 8 Lekh Ram, PW 10 Rattan Chand (injured), PW 16 Rakesh Kumar (injured) and PW 18 Sagar Singh were the occupants of the truck, but they broadly did not support the case of prosecution, as alleged. However, he admitted the accident.;