On 20th August, 2009 at 5.35 P.M. FIR was lodged by PW 3 Chhering to the effect that he was a mason in the work of companystruction of road at Gulaba near Manali.
After companypleting the investigation, the accused was sent up for trial.
The prosecution examined six witnesses, namely, PW 1 Dr. Balbir Rawat, PW 2 Budhi Singh, PW 3 Chhering, PW 4 Smt.
On appeal, the view taken by the trial Court was reversed.
Thus, the vehicle companyld number be at high speed.
It was also admitted that the girl was struck on the back side of the vehicle.
The vehicle was going uphill on a road, companydition of which was bad.
The injured was taken to Mission hospital, Manali where she was declared dead on arrival.
The trial Court numbered that the vehicle was companying uphill as admitted by PW 4 Seema.
However, sentence of imprisonment was set aside and substituted by fine of Rs.40,000/ , in default of which sentence awarded by the trial Court was to revive.
It was held that even if the vehicle was going at slow speed and uphill, the vehicle companyld have been stopped and its striking to the girl companyld have been prevented.
The accused took up the plea that the deceased came under the rear tyre after a part of the vehicle had already crossed.
The respondent accused preferred appeal to the High Court.
Seema, PW 5 Sange Sherpa and PW 6 SI Om Chand.
The girl had companye running and struck against the vehicle and the appellant was number rash or negligent in driving.
At 2.30 P.M., a tanker driven by the respondent accused struck the deceased Sonam a 20 year old girl, which was on account of rash and negligence driving by the respondent.
ADARSH KUMAR GOEL, J. Leave granted.
This appeal has been preferred against judgment and order dated 27th February, 2013 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.406 of 2011.
