STATE OF HIMACHAL PRADESH Vs. SURESH KUMAR

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 17.3.2001 passed by the learned Additional Chief Judicial Magistrate, Palampur in Criminal Case No. 119 -II/1994 acquitting the respondent for offence punishable under Sections 279, 337 and 338 IPC.

(2.) THE prosecution case in brief is that on 24.6.1994 at about 6.45 P.M. at Dadh respondent was driving Maruti Van No. HP -02 -3496 on public road. The respondent due to rash or negligent driving hit PW -1 Sant Ram and thereby caused injuries to him. The accident was reported to police by PW -1 and police got medically examined Sant Ram. On completion of investigation challan was presented in the Court and the notice of accusation was put to respondent under Sections 279, 337 and 338 IPC. The prosecution has examined 10 witnesses and has also produced some documents in support of its case. The statement of respondent was recorded under Section 313 Cr.P.C. and he led no evidence in defence. The learned Additional Chief Judicial Magistrate acquitted the respondent on 17.3.2001, hence this appeal by the State.

(3.) PW -3 Mehar Chand has also stated that van came from Chamunda side and it was going uphill. He has not denied the suggestion that Sant Ram got perplexed after seeing the van. He has stated that he had not seen the van actually hitting Sant Ram. There are 25/30 shops on the spot. He has stated that Sant Ram is his co -villager. He has also stated that they wanted that driver must pay some amount to Sant Ram. He could not say that Sant Ram sustained injuries due to fall as he got perplexed. He also could not say that the van was going with speed of 10/15 KM.