LAWS(HPH)-2010-7-40

STATE OF HP Vs. SUKH DEV

Decided On July 02, 2010
STATE OF HIMACHAL PRADESH Appellant
V/S
SUKH DEV Respondents

JUDGEMENT

(1.) This is an appeal filed by the State of Himachal Pradesh against the judgment of the Court of Judicial Magistrate, Ist Class(2) Dehra dated 9.10.2003 vide which the respondent was acquitted of the notice of accusation put to him under Sections 279,337 IPC and under Sections 184/177 of the Motor Vehicles Act.

(2.) Briefly stated, the facts of the case are that on 11.8.1997 around 3.25 P.M. a statement was made to the Police Officer under Section 154 Cr.P.C. by Brij Lal driver of HRTC bus No. HP-38- 2441. He alleged that he started from Bharwain to Pathankot at 7.00 AM alongwith Uttam Singh Conductor and when the bus reached Dhaliara at about 1.30 PM, another HRTC bus HP-4-2144 came at a fast speed and struck with his bus which was damaged and 7-8 passengers sitting in the bus suffered injuries. He learnt about the name of the driver of the bus as Sukh Dev and he lodged the report. After investigation, the challan was filed as against the respondent driver of the bus, who was tried by the learned trial Court leading to his acquittal.

(3.) I have heard the learned counsel for the parties and have gone through the record.