LAWS(HPH)-2010-12-331

STATE OF H. P. Vs. JEETU RAM

Decided On December 22, 2010
State Of H. P. Appellant
V/S
Jeetu Ram Respondents

JUDGEMENT

(1.) THE State has challenged the acquittal of the Respondent, passed by the learned trial Court in Criminal Case No. 16 -II of 1998, decided on 22nd May, 2003, for the offences punishable under Sections 279, 337 and 304A of the Indian Penal Code, read with Sections 184 and 177 of the Motor Vehicles Act, 1988.

(2.) RESPONDENT was put on trial, on the allegations that on 7.11.1997, he was driving truck bearing registration No. HP -20 -5541 in a very high speed. It was coming from the side of Nehran Pukhar. When it reached at village Badhoon, a marriage party was going on and it hit Surmi alias Jungnu a minor girl. She died on the spot and the truck driver fled away from the spot.

(3.) DURING investigation, Police got done the autopsy of the dead body from the hospital and visited the spot. The truck was found standing on the road at the point of accident. Its photographs were taken and impounded. Police also prepared site plan Ex.PW4/B and on 9.11.1997 took into possession its documents from Respondent Jeetu Ram. Statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure and concluded that it was the Respondent Jeetu Ram who was responsible for the said accident and not Sham Lal. As such, he was arrested and later enlarged on bail. Challan was presented against him for the offences aforesaid. Finding a prima -facie case against the Respondent, he was accordingly charge -sheeted, to which he pleaded not guilty and claimed trial.