STATE OF HP Vs. MOHAN SINGH

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 Judicial 1st Class, Magistrate Jawali, dated 26.5.2003, vide which the respondents were acquitted of the charge framed against them under Sections 337, 338 and 304-A I.P.C. read with Section 154 and 173 of Indian Railway Act.

(2.) Briefly stated, the facts of the case are that on 7.12.1991, at 3.30 P.M., S.I. Gulab Singh came to know from the school children that passenger train No. 3 P.B., which was going from Pathankot to Baijnath, met with an accident near Dehar Khad. The Station House Officer immediately reached the spot and found that two bogies have been derailed and turned turtle, due to which 18 persons died on the spot and about 60-65 persons were injured. He also learnt that the accident had taken place due to rash or negligent driving of the driver of the train. On this basis, a report was lodged by the police and after investigation, the challan was filed against both the respondents i.e. driver and co-driver of the train and the respondents were tried by the learned trial Court, leading to their acquittal.

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