STATE OF H.P. Vs. SOM DUTT

JUDGEMENT

(1.) THIS petition for leave to appeal is directed against the judgement of the learned Judicial Magistrate, Ist Class, Rajgarh, District Sirmaur, in Criminal Case No. 25/2 of 2008 whereby he acquitted the accused of having committed offences punishable under Sections 279, 337, 338, 201 of the Indian Penal Code and 181 of the Motor Vehicles Act.

(2.) THE prosecution case in brief is that on 10.11.2007 PW -1 Rajesh Sharma was going on his Motor cycle No. HP -16 -1771 to Narag. His wife PW -2 Neeraj Sharma was sitting as a pillion rider alongwith their son Ishant aged 3 years. When they reached near Narag the offending truck No. HP -64 -0859 came from Sanora side. It was being driven negligently in a high speed and struck against the motor cycle. The truck driver did not stop and fled towards Rajgarh.

(3.) THE learned trial Court has acquitted the accused. Hence, the present petition.