STATE OF H.P. Vs. NACHHATAR SINGH

JUDGEMENT

(1.) STATE has appealed against the judgment dated 5th May, 2004 of learned trial Magistrate, whereby Respondent Nachhatar Singh, who was tried for offences, under Sections 279, 337, 338 and 304A of the Indian Penal Code, has been acquitted.

(2.) RESPONDENT was engaged as driver by PW -2 Mehar Chand to drive TATA SUMO vehicle, registered in the name of his wife. On 16th April, 2000, deceased Pawan Kumar, hailing from the village of PW -2 Mehar Chand, wanted to go to Ludhiana. PW -2 Mehar Chand deputed his driver Nachhatar Singh, i.e. the Respondent, to carry said Pawan Kumar to Ludhiana, in his TATA SUMO. Around 11 or 11.30 in the night, TATA SUMO rammed into a Road Roller, which was parked on the left side of the road, at Amb in Una District. Deceased Pawan Kumar sustained serious injuries and died at Una Hospital, where he was shifted, soon after the accident. Respondent Nachhatar Singh also sustained various injuries, some of which were grievous.

(3.) TRIAL Court has acquitted the Respondent, holding that the Road Roller was parked on the road, in a hazardous and dangerous manner, and because of that the accident had taken place. Trial Court has placed reliance upon a judgment of Punjab & Haryana High Court in Nirmal Bhutani v. State of Haryana : AIR 1983 P & H 188.