HEM CHANDRA JOSHI Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2013-8-166
HIGH COURT OF UTTARAKHAND
Decided on August 30,2013

Hem Chandra Joshi Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) Pw1 Sanjeev Bhatt wrote a complaint on 09.04.2005, at 11:30 A.M., to Inspector-In-Charge, Kotwali Champawat against driver Hem Chandra Joshi, which was registered as case crime no. 42 of 2005 under Sections 279, 337, 338, 304-A of IPC. After the investigation, a charge-sheet was submitted against the accused for the selfsame offences. When the allegations were put to the accused, he denied those allegations and said that his vehicle MAX CAB fell in the gorge in order to save a Canter (mini truck).
(2.) Prosecution examined PW1 Sanjeev Bhatt, informant/injured; PW2 Vivek Gaur, injured; PW3 Vipin Gupta, injured; PW4 Prem Karki, Photographer; PW5 Chandra Sehkar Pandey, injured; PW6 S.I. Shesram, formal witness; PW7 Dr. R.K. Joshi, Medical Officer; PW8 S.I. Ram Swaroop Singh, formal witness; PW9 Dr. V.K. Ozha, Medical Officer; PW10 Dr. R.D. Bhatt, Medical Officer; PW11 S.I. Neeraj Kumar, Investigating Officer; PW12 Dr. Pramod Dubey, Medical Officer and PW13 H.C.M.T. Jaman Singh as prosecution witnesses. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the criminal case. No evidence was adduced in defence.
(3.) After considering the evidence on record, learned Chief Judicial Magistrate, Champawat found the accused guilty and convicted him for the offences punishable under Sections 279, 337, 338, 304-A of IPC and was sentenced appropriately, vide judgment and order dated 14.07.2006. Aggrieved against the said order, criminal appeal was preferred before learned Sessions Judge, Champawat, who dismissed the criminal appeal, vide impugned judgment and order dated 04.12.2007. Aggrieved against the impugned judgment and order, present criminal revision was preferred by the convict.;


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