STATE OF H.P. Vs. NEGI RAM

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 Sub Divisional Judicial Magistrate, Rohru, District Shimla, dated 8.12.2003, vide which the respondent was acquitted of the notice of accusation put to him under Sections 279, 304A and 201 of the Indian Penal Code.

(2.) BRIEFLY stated, the facts of the case are that on 18.10.2002, a telephonic message was received by the police from PW -2 Sagar Dass that one person has been crushed by a vehicle at Khorsughat, who had died. The police went to the spot and recorded the statement of one Leela Devi under Section 154 of the Cr.P.C. on the basis of which the case was registered and after investigation, the challan was filed before the learned trial Court for the offences, as detailed above, and the respondent was tried by the learned trial court, leading to his acquittal.

(3.) ON appraisal of the statement of PW -2 Sagar Dass, it is clear that he received a message from one Leela Devi on 18.10.2002 and when he reached at the spot, Blasu had already died, whose dead body was lying by the road side. He informed the police, which came there and recorded the statement of the complainant PW -1 Leela Devi. He has clearly stated that the accident has not taken place in his presence though he had been informed by Smt.Leela Devi only. Therefore, his statement is not very material.