State of Himachal Pradesh vs Kuljeet Singh

Surinder Singh, J.—State has come up in appeal against the judgment of acquittal passed in Criminal Appeal No. 22-B/2008 by the learned trial Court on 29.3.2012, for the offences punishable under Sections 279 and 304-A Indian Penal Code. It is alleged that on 16.10.2006, respondent herein was driving tractor in question which caused accident wherein Sarwan Kumar, who was seriously injured and removed to PGI, Chandigarh succumbed to the injuries.

Perusal of the record reveals that PW4 Milap Singh owner of the tractor subsequently examined on 1.1.2008 admitted that on the day of the alleged incident, his son was driving the said vehicle. Even to question No. 3 u/s 313 of the code of Criminal Procedure this fact stands admitted by the accused. However, PW1 Anju Bala, who is the maker of FIR did not support the prosecution case as such was declared hostile. PW2 Sunil Kumar, happened to be the witness of the incident also stated that he was informed by PW3 Kuldip Singh about the accident whereas Kuldip Singh too did not support the prosecution case. According to him, he heard the sound of thud when the tractor had struck against the tree on the left side of the road. He even expressed his ignorance about the manner the accident had taken place.

Though it stands proved that on the day of accident, respondent was driving the tractor but there is no evidence of rash or negligent act of driving against him, which is sine qua non to hold the accused guilty which fact was also taken note of by the learned trial Court and there is no reason to come to a contrary finding. As such the leave to appeal cannot be granted and is accordingly rejected. Record of the learned trial Court be returned. The matter stands disposed of.