STATE OF H P Vs. ASHOK KUMAR

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Additional Chief Judicial Magistrate, Amb, dated 5.8.2002, vide which the respondent was acquitted of the notice of accusations put up to him for offences punishable under Sections 279, 304A and 201 I.P.C.

(2.) Briefly stated, the facts of the case are that on 9.6.2001, at about 10.30 A.M., statement of one Pritam Chand under Section 154 Cr.P.C. was recorded by a Police Officer, in which he alleged that he is running a shop at Saloi. At about 9.00 A.M., he was standing in front of his shop, a private bus came from Amb and one person got down and after crossing the bus, he was standing on the right side. It was alleged that driver of the bus started the bus and hit the said person, who fell down on the road and suffered injuries. The bus driver did not stop the bus at the spot. The injured was brought to PHC Amb, where he was declared dead and he learnt about the name of the driver as Ashok Kumar. On the basis of the said statement, a case was registered and after investigation, the challan was filed before the learned trial Court, who tried the respondent for the offences as detailed above, leading to his acquittal.

(3.) I have heard learned Counsel for the parties and have gone through the record of the case.