STATE OF HP Vs. BALJIT SINGH

JUDGEMENT

(1.) This is an appeal filed by the appellant under Section 378 of the Cr.P.C. against the judgment of the court of learned Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P., dated 28.2.2003, vide which the respondent was acquitted of the charge framed against him under Sections 279, 337 and 338 of the IPC and Section 184 of the Motor Vehicles Act.

(2.) Briefly stated the facts of the case are that a complaint was lodged by Shri Gurbachan Singh, Fruit Vendor, that he was going back from Chintpurni to his house at Amb on 29.2.1999, at about 1.30 p.m. At the relevant time, the respondent was reversing his Jeep No.HR-04-6986 in a rash or negligent manner and resultantly, the left leg of the complainant came under the left tyre of the Jeep. He was taken to CHC, Chintpurni where his statement under Section 154 of the Cr.P.C. was recorded, on which a case was registered and after investigation, the challan was filed against the respondent. The respondent was tried under Sections 279, 337 and 338 of the IPC and Sections 184/187 of the Motor Vehicles Act. He was acquitted for the offence under Sections 279, 337 and 338 of the IPC and Section 184 of the Motor Vehicles Act, but was convicted under Section 187 of the Motor Vehicles Act to pay a fine of Rs.200/- and imprisonment till the rising of the Court.

(3.) Being aggrieved by the judgment of acquittal passed under the aforementioned Sections, the State has filed the present appeal while no appeal was filed by the respondent against his conviction under Section 187 of the Motor Vehicles Act.