STATE OF HIMACHAL PRADESH Vs. ANIL SINGH

JUDGEMENT

(1.) The State has challenged the acquittal of the Respondent recorded by the learned trial Court for the offences under Ss. 279 and 304 -A of the Indian Penal Code.

(2.) In short, the prosecution case can be summed up thus. On 2nd September, 1989 at about 9.30 PM at a place known as Puhara in District Kangra, the Respondent was driving taxi bearing registration No. HPY -355 and PW -4 Parmeshwari Dass was a passenger therein. When the said taxi reached near Shahpur, a Gypsy was ahead of them. The Respondent took the pass and in that process run over one Budhi Ram, resident of village Rait (Kangra) and the taxi aforesaid struck against a culvert. Said Budhi Ram died on the spot. A case was registered in Police Station, Shahpur. The police visited the spot, prepared the site plan and took the dead body to the hospital for post -mortem. After recording the statements of the witnesses and on completing the challan, it was presented in the Court for the trial of the Respondent under the aforesaid Sections. The Respondent was put on trial and was finally acquitted by the learned trial Court on the ground that the prosecution could not prove rash and negligent driving of the Respondent in causing the said accident, which has been assailed in this appeal.

(3.) Mr. J.S. Rana, learned Assistant Advocate General, vehemently argued that the statement of PW -4 Parmeshwari Dass coupled with the statement of the Investigating Officer, who prepared the site plan, proves the case against the Respondent for the offences charged.