Himachal Pradesh High Court
State Of H.P vs Surinder Singh on 21 June, 2016
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
.
Cr. Appeal No. 300 of 2006
Date of decision: 21.6.2016
State of H.P. .....Appellant.
of
Versus
Surinder Singh .....Respondent.
Coram rt
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1 Yes.
For the Appellant: Mr. R.S Thakur, Additional Advocate
General.
For the Respondent: Mr. Prashant Sharma, Advocate.
_______________________________________________________
Sureshwar Thakur, Judge (oral)
The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 28.4.2006 by the learned Additional Sessions Judge, Una, District Una, H.P., whereby he while reversing the findings of conviction recorded on 24.10.2005 by the learned Judicial Magistrate Ist Class, Court No.1, Amb District Una, H.P., in case 1 Whether reporters of the local papers may be allowed to see the judgment?
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No. 21-1 of 2002/10.II/2002, acquitted the respondent (for short .
'accused') for the offences punishable under Sections 279, 337, 338 and 304-A of the Indian Penal Code.
2. The brief facts of the case are that on 7.12.2001 after recording Rapat No. 32 in daily diary, HC Mehar Singh alongwith of other police officials went to the spot at Nandpur to inquire about the accident where Smt. Bala Handa made a statement rt under Section 154 Cr.P.C. According to her she is working as a TGT(Arts) at Government Senior Secondary School, Talmehra, Tehsil Bangana, District Una, H.P. On 6.12.2001 she had gone with school girls in bus bearing registration No. HP-20A-2669 to Nangal Jarialan Senior Secondary School for attending a cultural programme. Surender Singh was the driver of the bus and Tarsem Lal was its conductor. On 7.12.2001 at about 7.30 p.m. while she alongwith the school girls were returning after attending the programme and when their bus crossed the village Nandpur Dausarka and reached about 100 meters ahead of this place then one Maurti van came from the opposite direction struck with the bus as a result of which the bus fall down on the right side of the road and driver of the Maruti ::: Downloaded on - 15/04/2017 20:37:52 :::HCHP ...3...
van expired on the spot and the passengers who were sitting in .
the bus also received injuries and they were taken to the hospital. The driver of the bus was driving the bus at a fast speed and in a rash and negligent manner. On the basis of her statement FIR came to be registered. The investigation was of conducted. One another passenger Vishnu Bahadur also expired. Post mortem examinations of Suresh Kumar and Bishnu rt Bahadur were conducted. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.
3. Notice of accusation stood put to the accused by the learned trial Court for his committing offences punishable under Sections 279, 337 338 and 304-A of the I.P.C to which he pleaded not guilty and claimed trial.
4. In order to prove its case, the prosecution examined 18 witnesses. On closure of prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded in which he pleaded innocence. He did not choose to lead any evidence in defence.
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5. On an appraisal of evidence on record, the learned .
trial Court returned findings of conviction against the accused for offences punishable under Sections 279, 337,338 and 304-A of the Indian Penal Code. However, in an appeal preferred therefrom by the accused herein before the learned appellate of Court, the latter Court while reversing the findings of conviction recorded by the learned trial Court proceeded to acquit the rt accused.
6. The learned Additional Advocate General has concertedly and vigorously contended qua the findings of acquittal recorded by the learned Appellate Court standing not based on a proper appreciation of evidence on record, rather, theirs standing sequelled by gross mis-appreciation of material on record. Hence, he contends qua the findings of acquittal being reversed by this Court in the exercise of its appellate jurisdiction and theirs being replaced by findings of conviction.
7. The learned Counsel appearing for the accused has with considerable force and vigor contended qua the findings of acquittal recorded by the learned Appellate Court standing based on a mature and balanced appreciation of evidence on ::: Downloaded on - 15/04/2017 20:37:52 :::HCHP ...5...
record and theirs not necessitating interference, rather theirs .
meriting vindication.
8. This Court with the able assistance of the learned counsel on either side has with studied care and incision, evaluated the entire evidence on record.
of
9. The bus driven by the accused collided at the site of occurrence with the van driven by the deceased. The van rt aforesaid at the relevant time stood occupied by Bishnu Bahadur, PW-6 and one Suresh Kumar. Both Suresh Kumar driver of the van and Vishnu Bahadur an occupant therein succumbed to the injuries entailed on their respective person in sequel to the ill-fated collision which occurred inter-se the van and the bus driven by the accused. In proof of the prosecution case the prosecution led 18 witnesses into the witness box.
However the statements of PWs 1, 4, 6 and 7 who witnessed the occurrence alone enjoin their respective appreciation by this Court for fathoming therefrom of the unfoldments qua the occurrence embodied therein unflinchingly proving the genesis of the prosecution case. PWs 1, 4 and 7 all wherewhom at the relevant time were the occupants of the bus each in their ::: Downloaded on - 15/04/2017 20:37:52 :::HCHP ...6...
respective recorded depositions resiled from their previous .
statements recorded in writing. Since hence they contradict their respective versions qua the occurrence constituted in their respective recorded previous statements recorded by the Investigating Officer concerned wherein they had imputed of negligence to the accused, the inevitable effect thereof is of theirs rendering bereft of any legal vigor the genesis of the rt prosecution case embodied in FIR Ex. PW-18/K.
10. Be that as it may the learned Additional Advocate General with vigor and force submits of lack of substantiation to the prosecution case by ocular witnesses aforesaid would not be adequate to record findings of acquittal in favour of the accused as PW-6 an eye witness to the occurrence besides spot map comprised in Ex.PW-18/C depict of the accused negligently driving his vehicle, negligence whereof begot a collision inter-se the vehicle driven by the accused with the van driven by the deceased. The aforesaid submission of the learned Additional Advocate General would acquire leverage only in the event of forthright evidence displaying of Ex.PW-18/C standing prepared by the investigating Officer on his arriving at ::: Downloaded on - 15/04/2017 20:37:52 :::HCHP ...7...
the site of occurrence on his arrival thereat his noticing thereat .
both the van driven by the deceased and the bus driven by the accused being available thereat. However with the Investigating Officer in his deposition comprised in his cross-
examination making a disclosure of on his visiting the site of of occurrence his not noticing thereat both the driver and the conductor of the bus besides its occupants also obviously the rt bus being not available thereat does foist an inference of the Investigating Officer preparing Ex.PW-18/C in the absence of both the vehicles being available thereat. Consequently, depictions in Ex.PW-18/C are construable to be in their entirety an invention whereupon no reliance is imputable. The clicking of photographs of the site of occurrence by the Investigating Officer with a display therein of both the vehicles being available at the site of occurrence would yet negate the effect of the aforesaid communications made by PW-18 in his cross-
examination whereupon this Court has disimputed credence to Ex. PW-18/C, however with the investigating Officer omitting to click photographs of the site of occurrence rather gives fillip to an inference of the manifestations occurring in Ex.PW-18/C ::: Downloaded on - 15/04/2017 20:37:52 :::HCHP ...8...
standing suo moto besides surmisedly displayed therein by the .
Investigating Officer. As a corollary, Ex.PW-18/C stands stained with a taint of invention besides a concoction, obviously hence no credence is imputable to it.
11. Be that as it may with this Court disimputing of credence to Ex.PW-18/C, the testimony of PW-6 who rendered a version qua the occurrence contradictory to the one deposed rt qua it by each of the other ocular witnesses thereto rather has lent support to the prosecution case also hence has to suffer the fate of its losing its creditworthiness, even if intra-se corroborations occur inter-se the depositions of PW-6 vis-à-vis reflections in Ext.PW-18/C, yet prominently with Ext.PW-18/C losing evidentiary prominence besides its probative worth standing undermined thereupon the deposition of PW-6 who was at the relevant time an occupant along with the deceased in the ill fated van, also hence is amenable to its standing construed to be an interested besides a biased version qua the occurrence. In aftermath, an interested and biased version qua the occurrence rendered by PW-6 holds no tenacity.
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12. A wholesome analysis of the evidence on record .
portrays that the appreciation of evidence as done by the learned Appellate Court does not suffer from any perversity and absurdity nor it can be said that the learned Appellate Court in recording findings of acquittal has committed any legal of misdemeanor, in as much, as, its mis-appreciating the evidence on record or its omitting to appreciate the relevant and rt admissible evidence. In aftermath this Court does not deem it fit and appropriate that the findings of acquittal recorded by the learned Appellate Court merit any interference.
13. In view of the above discussion, I find no merit in this appeal, which is accordingly dismissed and the judgment of the learned Appellate Court is maintained and affirmed. Record of the learned trial Court be sent back forthwith.
21st June, 2016 (Sureshwar Thakur)
(priti) Judge
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