STATE OF H.P. Vs. PREM LAL

JUDGEMENT

(1.) THIS is an appeal filed under Section 378 Cr.P.C. by State of H.P. against the judgment of Learned Additional Sessions Judge, Mandi dated 24.3.2003 vide which the judgment of conviction dated 21.5.2001 passed by learned Sub Divisional Judicial Magistrate, Karsog against Prem Lal was set aside and one Hari Ram was convicted and was sentenced as under:

(2.) BRIEFLY stated the facts of the case are that on 13.1.1998 at about 9:30 P.M a statement was recorded by ASI Vijay Sen under Section 154 Cr.P.C. that one Dhani Ram, was admitted in the Hospital Karsog. In the said report ASI Vijay Sen has alleged that a truck No. HP11 -0243 was parked on the road, loaded with sand and the truck driver was found missing. It was alleged in the said report that one person Dhani Ram had been admitted in the hospital having suffered injuries and he had been referred to hospital at Shimla. In the statement of Dhani Ram recorded under Section 154 Cr.P.C. he had stated that he had gone on the occasion of Lohri to Tatapani to take a bath. At 4:15 P.M. he was sitting outside the shop of Het Ram, vegetable seller near Bus Stand bridge and he was sitting on the parapet. A Private truck No. HP11 -04243 came at a high speed towards the bridge and the driver drove the vehicle rashly and negligently and crushed his left foot under the rear tyre of the vehicle. The person raised an alarm but the driver did not stop the vehicle and he became unconscious and was brought to the hospital. Thereafter, the case was registered and after investigation, the police filed the challan under Sections 279, 337, 338 I.P.C. and 187 Motor Vehicle Act, as against one Hari Ram. On application filed by Hari Ram, accused under Section 319 Cr.P.C., the respondent Prem Lal was also impleaded as an accused and both of them were tried for the offences as detailed above.

(3.) ON appeal, by the respondent against his conviction, the learned Additional Sessions Judge, Mandi vide his judgment dated 24.3.2003 acquitted the respondent and convicted Hari Ram for the offence under Sections 279, 337 and 338 I.P.C and sentenced him for 15 days on each count.