STATE OF H P Vs. PURAN CHAND

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 Additional Chief Judicial Magistrate, Sundernagar, dated 15.7.2004, vide which the respondent was acquitted of the notice of accusations put up to him for offences punishable under Sections 279, 337 and 338 I.P.C.

(2.) Briefly stated, the facts of the case are that on 22.1.1999, at about 8.15 P.M., statement of complainant Devki Nandan was recorded under Section 154 Cr.P.C., on the basis of which an FIR was registered by the police. He alleged in his statement that on 22.1.1999 he was going on foot from Kanaid and at 7.15 P.M., a Motorcycle came from behind at a fast speed and struck against him and he fell down and suffered injuries on various parts of his body. He further alleged that he was brought to the hospital for treatment by one Pappu and Dayal Singh. He alleged that the accident took place due to rash or negligent driving of person driving the Motorcycle. On this basis, a case was registered and after investigation, the challan was filed as against the respondent for the offences detailed above and he was tried by the learned trial Court, leading to his acquittal.

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