STATE OF HP Vs. TEK CHAND ALIAS MINTTA

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 Chief Judicial Magistrate, Una, dated 7.8.2003, vide which the respondent was acquitted of the notice of accusation put up to him for the offence punishable under Sections 279, 304-A and 201 I.P.C. and under Section 196 of the Motor Vehicles Act.

(2.) Briefly stated, the facts of the case are that on 9.10.2000, at about 9.45 P.M., a report was lodged with the police by Tirath Ram that at about 8.15 P.M., he was present in his house alongwith his family . One Yog Raj came to his house and informed him that his son Sanjeev Kumar was lying unconscious on the road near Khanpur and his scooter was also lying by his side. Complainant Tirath Ram proceeded to the spot alongwith said Yog Raj and Surjit Singh and found that the scooter was lying on one side of the road in a broken condition and his son Sanjeev was also lying in a unconscious state. They took Sanjeev Kumar to District Hospital, Una, where they learnt that he has already died. The complainant alleged that someone had hit the vehicle rashly and negligent and had ran away from the spot leading to the death of Sanjeev Kumar, his son. On this report, a case was registered and the investigation was carried out by the police. After investigation, the challan was filed by the police under the above mentioned Sections and the respondent was tried by the learned trial Court, leading to his acquittal.

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