STATE OF H.P. Vs. JAGDISH CHAND

JUDGEMENT

(1.) THIS is an appeal filed by the State of H.P. against the judgment of the Court of learned JMIC, Nahan dated 29.7.2004, vide which the Respondent was acquitted of notice of accusation put up to him for offences punishable under Sections 279, 337 and 338 IPC.

(2.) BRIEFLY stated, the facts of the case are that on 19.9.2002, the complainant was coming in Tata Sumo No. HP -12A -0984 alongwith 8 -9 persons and at about 1.00 pm a Gypsy coming from other side bearing No. HP -18 -1915 struck with the Tata Sumo and as a result of which the Tata sumo overturned and 4 -5 persons sitting in the Gypsy suffered injuries. On this, a report was lodged by the occupant of Tata -Sumo namely, Bhagat Ram and a case was registered against the driver of the Gypsy and after the investigation, the challan was filed before the learned trial court who tried the Respondent for the offences punishable under the aforementioned Sections leading to his acquittal.

(3.) ON perusal of the evidence led by the prosecution, it is clear that the prosecution had examined eight witnesses. The statements of five witnesses are formal in nature including that of the Investigating Officer. The most material witnesses are the complainant PW -1 Bhagat Ram, PW -2 Ramesh Kumar, occupant of the Tata -sumo and the driver of the said vehicle, and PW -3 Dr. S.K. Sablok one of the injured, who was going in the Gypsy being driven by the accused.